Administration of Union Territories (Articles 239-241)

Union territory administration refers to the constitutional arrangement, laid out in Articles 239 to 241 in Part VIII of the Constitution, under which certain Indian territories are governed directly by the Union rather than through an elected state government answerable to its own legislature. Unlike states, which share power with the Centre in a federal relationship, Union Territories (UTs) are administered on the President's behalf, making their relationship with New Delhi essentially unitary.

Union Territories in the Constitutional Scheme

Article 1 divides the territory of India into three categories: the territories of the states, the Union Territories specified in the First Schedule, and any other territories that may be acquired by the Government of India in future. India currently has 28 states and 8 Union Territories. States are members of the federal system and share power with the Centre, giving them autonomy. Union Territories, by contrast, are directly controlled by the Central government, which is why they are often called "centrally administered territories" — a deliberate departure from the federal principle within an otherwise federal Constitution.

Article 239: How Union Territories Are Administered

Article 239 provides that, except where Parliament has by law provided otherwise, every Union Territory is administered by the President, acting to the extent he thinks fit, through an Administrator appointed by him. The President is free to specify the designation given to this Administrator. This has produced different titles for different UTs — the head of administration is called the Lieutenant Governor in Delhi and Puducherry, while territories such as Chandigarh and Lakshadweep are headed by an official simply designated Administrator.

An important distinction follows: an Administrator is an agent of the President, not a constitutional head of the territory the way a Governor is a constitutional head of a state.

States and Union Territories Compared

Forming, Renaming and Reorganising Territories

Articles 3 and 4 give Parliament the power to form new states by uniting or splitting existing territory, to increase or reduce a state's area, and to alter state boundaries or names, by simple majority. A bill of this kind requires the President's prior recommendation, and the legislature of an affected state must be given an opportunity to express its views — views Parliament is not bound to accept. This same machinery underlies both the creation of new states and the reorganisation of Union Territories.

How the Present Map of States and UTs Took Shape

The current arrangement of states and Union Territories is the outcome of successive reorganisations rather than a single original scheme.

Acquired Territories

The Constitution has no separate provisions for territories acquired by India; the same provisions governing Union Territories extend to acquired territories. The Acquired Territories (Merger) Act, 1960 merged territories acquired by agreement with Pakistan into Assam, Punjab and West Bengal. On ceding Indian territory, the Supreme Court has held that no territory can be ceded to another country without amending the Constitution; the lease of Teen Bigha to Bangladesh was treated as servitude — a limited right of use — rather than a surrender of sovereignty, so it did not by itself require cession.

Articles 240 and 241: Regulations and High Courts

Article 240 empowers the President to make regulations for the administration of certain Union Territories. Article 241 allows Parliament to constitute a High Court for a Union Territory, or to declare a High Court of a neighbouring state as the common High Court for a Union Territory. In practice, the Kerala High Court and the Madras High Court also serve certain neighbouring Union Territories, while the Jammu and Kashmir and Ladakh High Court functions as a common High Court for the Union Territories of Jammu and Kashmir, and Ladakh.

UPSC Relevance

Prelims:

• Part VIII of the Constitution and Articles 239–241 deal with the administration of Union Territories.
• Article 239: UTs administered by the President through an Administrator; designation (Lieutenant Governor, Administrator, etc.) is specified by the President.
• Current count: 28 states and 8 Union Territories.
• States Reorganisation Act, 1956 created 14 states and 6 UTs on the Fazl Ali Commission's recommendations.
• Puducherry became a UT via the 14th Constitutional Amendment Act (1962); Delhi got special status via the 69th Constitutional Amendment Act (1991); Telangana became the 29th state via the Andhra Pradesh Reorganisation Act, 2014.
• Article 241 deals with High Courts for Union Territories.

Mains:

• Contrast the federal relationship states share with the Centre against the unitary administration of Union Territories, and what this reveals about the "quasi-federal" character of the Constitution.
• Trace how India's internal map has been reshaped repeatedly through Parliament's powers under Articles 3 and 4, and the rationale behind such reorganisations.
• Examine why Union Territories lack uniformity in administrative structure, using Delhi as a contrast to territories such as Chandigarh or Lakshadweep.

FAQ

Q1. What does Article 239 of the Constitution provide? Unless Parliament has legislated otherwise, every Union Territory is administered by the President, acting through an Administrator appointed by him and given a designation of his choosing.

Q2. Who administers a Union Territory? An Administrator appointed by the President, on the President's behalf. Depending on the territory, this official is designated Lieutenant Governor (Delhi, Puducherry) or Administrator (Chandigarh, Lakshadweep).

Q3. How many Union Territories does India have at present? India currently has 8 Union Territories, alongside 28 states.

Q4. How is an Administrator different from a Governor? A Governor is the constitutional head of a state; an Administrator of a Union Territory is merely an agent of the President.

Q5. Which article deals with High Courts for Union Territories? Article 241, which allows Parliament to establish a High Court for a Union Territory or extend an existing state High Court's jurisdiction to it — as with the common Jammu and Kashmir and Ladakh High Court.

Quick Revision

• Articles 239–241 (Part VIII) govern administration of Union Territories.
• Article 239: UT administered by the President through an Administrator; designation set by the President.
• Administrator = agent of the President, unlike a Governor who is a state's constitutional head.
• Designations vary: Lieutenant Governor (Delhi, Puducherry); Administrator (Chandigarh, Lakshadweep).
• States Reorganisation Act, 1956 created 14 states and 6 UTs (from 1 Nov 1956).
• Puducherry: UT via 14th Amendment (1962). Delhi: special NCT status via 69th Amendment (1991). Telangana: 29th state via AP Reorganisation Act, 2014.
• Article 240: President's regulations for certain UTs. Article 241: High Courts for UTs.

Sources

• Constitution of India, Part VIII (Articles 239–241) — legislative.gov.in
• The States Reorganisation Act, 1956 — India Code, Ministry of Law and Justice
• The Andhra Pradesh Reorganisation Act, 2014 — India Code, Ministry of Law and Justice
• The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019 — India Code, Ministry of Law and Justice
• Constitution (Sixty-ninth Amendment) Act, 1991 — legislative.gov.in

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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