States and Union Territories under Article 1
Article 1 of the Indian Constitution defines the nation's territory in three distinct categories: the territories of the states, the Union Territories, and any areas that the Government of India may acquire in the future. Currently, India consists of 29 states, seven Union Territories, and no such acquired territories.
Within India's federal framework, states function as key partners, sharing powers with the central government in a balanced division of authority. Union Territories, by contrast, fall directly under the administration of the Centre, earning them the label of "centrally administered territories." This arrangement marks a clear deviation from pure federalism: in its dealings with these central enclaves, the Government of India operates in a distinctly unitary manner.
Creation of Union Territories
The roots of India's Union Territories trace back to British rule, when certain areas were designated as scheduled districts in 1874 and later reclassified as Chief Commissioners' Provinces. Following independence, these regions fell under the categories of Part C States and Part D Territories. A pivotal change came in 1956 with the Seventh Constitutional Amendment Act and the States Reorganisation Act, which formally established them as Union Territories. Over time, several of these territories advanced to full statehood, including Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh, and Goa. Meanwhile, territories acquired from Portugal—such as Goa, Daman and Diu, and Dadra and Nagar Haveli—and from France, notably Puducherry, were integrated directly as Union Territories.
Today, India comprises nine Union Territories, each established at distinct points in history: Andaman and Nicobar Islands (1956), Delhi (1956), Lakshadweep (1956; previously known as Laccadive, Minicoy, and Amindivi Islands until 1973), Dadra and Nagar Haveli (1961), Daman and Diu (1962), Puducherry (1962; renamed from Pondicherry in 2006), Chandigarh (1966), Jammu and Kashmir (2019), and Ladakh (2019). Delhi itself was redesignated the National Capital Territory of Delhi in 1992. These territories were created for diverse strategic purposes, reflecting India's administrative needs: political and governance priorities shaped Delhi and Chandigarh as central hubs; cultural uniqueness defined Puducherry, Dadra and Nagar Haveli, and Daman and Diu; strategic maritime importance elevated Andaman and Nicobar Islands and Lakshadweep; and dedicated support for tribal and backward communities initially guided the formation of areas like Mizoram, Manipur, Tripura, and Arunachal Pradesh—most of which later became states.
A landmark development occurred in 2019, when the erstwhile state of Jammu and Kashmir was reorganized into two Union Territories: Jammu and Kashmir (with a legislature) and Ladakh (without one). Introducing the Jammu and Kashmir Reorganisation Act, 2019, in Parliament, the central government highlighted key rationales. Ladakh, with its vast expanse, sparse population, and rugged terrain, had long seen local demands for Union Territory status to better address its unique aspirations. For Jammu and Kashmir, the move responded to ongoing internal security challenges, exacerbated by cross-border terrorism, necessitating a focused administrative structure. This bifurcation underscored the flexible use of Union Territories to balance development, security, and regional identities.
Administration of Union Territories
Articles 239 to 241 in Part VIII of the Constitution govern the administration of union territories. Although these territories fall under a single constitutional category, their administrative structures vary significantly, reflecting the Centre's flexible approach to governance.
Each union territory is administered by the President, who acts through an appointed administrator. Unlike a governor, who heads a state as its constitutional head, the administrator serves purely as the President's agent. The President determines the administrator's title—such as Lieutenant Governor, Chief Commissioner, or simply Administrator. Currently, Delhi, Puducherry, Andaman and Nicobar Islands, Jammu and Kashmir, and Ladakh have Lieutenant Governors, while Chandigarh, Dadra and Nagar Haveli, Daman and Diu, and Lakshadweep are overseen by Administrators. In some cases, the President may designate a neighboring state's governor to administer an adjoining union territory, with that governor acting independently of their state council of ministers.
Three union territories—Puducherry (since 1963), Delhi (since 1992), and Jammu and Kashmir (since 2019)—enjoy greater autonomy through their own legislative assemblies and councils of ministers led by a chief minister. The other six lack such elected bodies. Importantly, even where these institutions exist, they do not erode the President's overarching authority or Parliament's supremacy over union territories.
Parliament holds sweeping legislative powers over union territories, extending to all subjects in the Union, State, and Concurrent Lists. This authority remains undiluted even in Puducherry, Delhi, and Jammu and Kashmir, despite their local legislatures. For instance, Puducherry's assembly can legislate on State and Concurrent List matters; Delhi's on State List subjects except public order, police, and land, plus Concurrent List items; and Jammu and Kashmir's on State List subjects except public order and police, along with Concurrent List matters. Yet, Parliament's laws always prevail.
For specific union territories—Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Ladakh—the President can issue regulations to ensure peace, progress, and good governance. In Puducherry, such regulations apply only when the assembly is suspended or dissolved. These presidential regulations carry the same legal weight as acts of Parliament and can even amend or repeal parliamentary laws pertaining to these territories.
Judicial oversight is similarly centralized. Parliament may establish a high court for a union territory or assign it to an adjacent state's high court. Delhi stands alone with its own high court since 1966. The Bombay High Court covers Dadra and Nagar Haveli and Daman and Diu; Andaman and Nicobar Islands fall under Calcutta High Court; Chandigarh under Punjab and Haryana High Court; Lakshadweep under Kerala High Court; Puducherry under Madras High Court; and both Jammu and Kashmir and Ladakh share the Jammu and Kashmir High Court.
Finally, the Constitution makes no distinct provisions for territories acquired from foreign countries. Instead, the standard rules for union territories apply seamlessly to them as well.
Special Provisions for the National Capital Territory of Delhi
The Constitution (69th Amendment) Act, 1991, elevated the Union Territory of Delhi to a unique status by redesignating it as the National Capital Territory of Delhi (NCTD). This landmark change replaced the earlier Metropolitan Council and Executive Council with a Legislative Assembly and a Council of Ministers. The administrator of Delhi was also redesignated as the Lieutenant Governor (Lt. Governor), marking a significant step toward granting Delhi limited statehood while preserving its national capital character.
The Legislative Assembly comprises 70 members, directly elected by the people of Delhi under the supervision of the Election Commission of India. This body holds legislative authority over matters in the State List and Concurrent List of the Seventh Schedule, with a crucial exception: it cannot legislate on public order, police, or land. Even where it does legislate, parliamentary laws take precedence, ensuring central oversight aligns with Delhi's strategic importance.
Complementing the assembly is the Council of Ministers, capped at 10% of the assembly's strength—seven members in total, including one Chief Minister and six other ministers. The President appoints the Chief Minister directly, while other ministers are appointed on the Chief Minister's advice. All ministers serve at the President's pleasure and are collectively responsible to the Legislative Assembly, fostering accountability within this hybrid framework.
The Council of Ministers, led by the Chief Minister, aids and advises the Lt. Governor in exercising most functions, much like the relationship between a state council and governor. However, the Lt. Governor retains discretion in certain areas. In cases of disagreement between the Lt. Governor and the ministers, the matter must be referred to the President, whose decision is binding.
To address potential breakdowns, the President holds emergency powers akin to Article 356 (President's Rule in states). If the territory's administration cannot function under these provisions—based on the Lt. Governor's report or otherwise—the President may suspend them and issue necessary directives to restore order.
Additionally, the Lt. Governor can promulgate ordinances during the assembly's recess, granting them the same legal force as assembly acts. These must win assembly approval within six weeks of reassembly, and the Lt. Governor may withdraw them at any time. Notably, ordinances require the President's prior permission and cannot be issued if the assembly stands dissolved or suspended. This mechanism ensures continuity while upholding constitutional checks.
Home Ministry Control of Union Territories
The Government of India (Allocation of Business) Rules, 1961 designate the Ministry of Home Affairs as the nodal authority for all Union Territory (UT) matters, encompassing legislation, finance and budgets, civil services, and the appointment of Lieutenant Governors and Administrators. This central oversight ensures coordinated governance for these territories, which lack the full autonomy of states.
To facilitate local input, the six UTs without their own legislatures—Andaman and Nicobar Islands, Chandigarh, Daman and Diu, Dadra and Nagar Haveli, Lakshadweep, and Ladakh—rely on advisory forums known as the Home Minister’s Advisory Committee (HMAC) or the Administrator’s Advisory Committee (AAC). The HMAC, chaired by the Union Home Minister, provides a high-level platform linking Delhi with these remote administrations, while the AAC, presided over by the respective UT’s Administrator, offers more localized deliberation. Membership typically includes Members of Parliament from the area, elected representatives from district panchayats and municipal councils, and other stakeholders. These committees deliberate on key issues of social and economic development, bridging administrative directives with grassroots perspectives to foster balanced progress.