Union territory

Last updated

Union territory
Category Federated states
Location Republic of India
Number8 (as of 2022)
Populations Lakshadweep – 64,473 (lowest)
National Capital Territory of Delhi – 31,181,376 (highest)
Areas Lakshadweep – 32 km2 (12 sq mi) (smallest)
Ladakh – 59,146 km2 (22,836 sq mi) (largest)
Government
Subdivisions

A union territory is a type of administrative division in the Republic of India. Unlike the states of India, which have their own governments, union territories are federal territories governed, in part or in whole, by the Union Government of India. [1] [2] [3] There are currently eight union territories in India, namely, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Delhi, Jammu and Kashmir, Ladakh, Lakshadweep and Puducherry.

Contents

History

India Administrative Divisions 1951.svg
States Reorganisation Act 1956.svg
Comparison of the administrative divisions of India in 1951 and 1956

When the Constitution of India was adopted in 1949, the Indian federal structure included:

After the States Reorganisation Act, 1956, Part C and Part D states were combined into a single category of "Union territory". Due to various other reorganisations, only 6 union territories remained:

By the early 1970s, Manipur, Tripura, and Himachal Pradesh had become full-fledged states, and Chandigarh became a union territory. Another three (Dadra and Nagar Haveli, Daman and Diu and Puducherry) were formed from acquired territories that formerly belonged to non-British colonial powers (Portuguese India and French India, respectively).

In August 2019, the Parliament of India passed Jammu and Kashmir Reorganisation Act, 2019. The act contains provisions to reconstitute the state of Jammu and Kashmir into two union territories, one to be eponymously called Jammu and Kashmir, and the other Ladakh on 31 October 2019.

In November 2019, the Government of India introduced legislation to merge the union territories of Dadra and Nagar Haveli and Daman and Diu into a single union territory to be known as Dadra and Nagar Haveli and Daman and Diu. [5] [6] [7]

Administration

The Parliament of India can pass a law to amend the constitution and provide a Legislature with elected Members and a Chief Minister for a union territory, as it has done for Delhi, Jammu and Kashmir and Puducherry. Generally, the President of India appoints an administrator or lieutenant governor for each UT. [1]

Delhi, Puducherry, Jammu and Kashmir operate differently from the other five. They were given partial statehood and Delhi was redefined as the [National Capital Territory] (NCT) and incorporated into a larger area known as the National Capital Region (NCR). Delhi, Puducherry, Jammu and Kashmir have an elected legislative assembly and an executive council of ministers with a partially state-like function. [8]

Due to the existence of union territories, many critics have resolved India into a semi-federal nation, as the central and state governments each have their domains and territories of legislation. Union territories of India have special rights and status due to their constitutional formation and development. The status of "union territory" may be assigned to an Indian sub-jurisdiction for reasons such as safeguarding the rights of indigenous cultures, averting political turmoil related to matters of governance, and so on. These union territories could be changed to states in the future for more efficient administrative control. [9]

The Constitution does not stipulate how tax revenue is to be devolved to the union territories, unlike for the states. The fund's devolution to union territories by the union government has no criteria where all the revenue goes to the union government. Some union territories are provided more funds, while others are given less, arbitrarily by the union government. [10] As union territories are directly ruled by the union government, some union territories get more funds from the union government than entitled on per capita and backwardness basis when compared to states.

After the introduction of GST, UT-GST is applicable in union territories that do not have a legislative assembly. UT-GST is levied at par with the applicable state GST in the rest of the country which would eliminate the previous lower taxation in the union territories. [11]

Constitutional status

Article 1 (1) of the Indian constitution says that India shall be a "Union of States", which is elaborated under Parts V (The Union) and VI (The States) of the constitution. Article 1 (3) says the territory of India comprises the territories of the states, the union territories and other territories that may be acquired. The concept of union territories was not in the original version of the constitution, but was added by the Constitution (Seventh Amendment) Act, 1956. [12] Article 366(30) also defines Union territory as any union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule. In the constitution wherever it refers to Territories of India, it is applicable to the whole country including union territories. Where it refers to only India, it applies to all states only but not to union territories. Thus, citizenship (part II), fundamental rights (part III), Directive Principles of State Policy (part IV), Judiciary role, the Union Territories (part VIII), Article 245, etc. apply to union territories as it refers specifically to Territories of India. The executive power of the Union (i.e. union of states only) rests with President of India. The President of India is also the chief administrator of union territories as per Article 239. The union public service commission's role does not apply to all territories of India as it refers to India only in Part XIV.

The constitutional status of a union territory is similar to a state under the perennial president's rule per Article 356 subject to specific exemptions to a few union territories with legislative assembly. As Per Article 240 (1), supreme power is accorded to the president in regulating the affairs of all the union territories except Chandigarh, NCT and Puducherry, including powers to override the laws made by Parliament and the constitution of India. Article 240 (2) allows implementing tax haven laws in these union territories to attract foreign capital and investments into India instead of depending on foreign tax haven countries.

The difference between states as listed in the First Schedule of the constitution and union territories with legislative assembly is that states were given autonomous powers as provided in the constitution without any possible interference by the parliament whereas UTs with legislative assembly (Part VIII) has similar powers but parliament is empowered to modify or repeal or suspend the laws made by a union territory (ultimate authority by the parliament unlike the independent nature of the states).

Three of the union territories have representation in the upper house of the Indian Parliament, the Rajya Sabha: Delhi, Jammu and Kashmir, and Puducherry. Puducherry, Jammu and Kashmir and NCT of Delhi are the only 3 Union Territories that are exceptional among union territories in that each has its own locally elected legislative assembly and have a Chief Minister.[ citation needed ]

Current union territories

State [13] ISO [14] Vehicle
code
[15]
Zone [16] Capital [13] Largest city [17] Established [18] Population
(2011) [19]
Area
(km2) [20]
Official
languages [21]
Additional official
languages [21]
Andaman and Nicobar Islands IN-ANAN Southern Port Blair 1 November 1956380,5818,249 Hindi, English
Chandigarh IN-CHCH Northern Chandigarh 1 November 19661,055,450114 English
Dadra and Nagar Haveli and Daman and Diu IN-DHDD Western Daman Silvassa 26 January 2020587,106603Hindi, English Gujarati
Delhi IN-DLDL Northern New Delhi Delhi 1 November 195616,787,9411,484 Hindi, English Urdu, Punjabi [22]
Jammu and Kashmir IN-JKJK Northern Srinagar (Summer)
Jammu (Winter) [23]
Srinagar 31 October 201912,258,43342,241 Dogri, English, Hindi, Kashmiri, Urdu
Ladakh IN-LALA Northern Leh (Summer)
Kargil (Winter) [24]
Leh 31 October 2019290,49259,146 Hindi, English
Lakshadweep IN-LDLD Southern Kavaratti Andrott 1 November 195664,47332 Hindi, English Malayalam
Puducherry IN-PYPY Southern Pondicherry 16 August 19621,247,953479 Tamil, French, English Telugu, Malayalam

Former union territories

Former union territories of India [18] [25]
Name Zone CapitalAreaBeginEndSuccessor(s)Map
Arunachal Pradesh North-Eastern Itanagar 83,743 km2 (32,333 sq mi)21 January 197220 February 1987As an Indian state IN-AR.svg
Dadra and Nagar Haveli Western Silvassa 491 km2 (190 sq mi)11 August 196126 January 2020 Dadra and Nagar Haveli and Daman and Diu (UT) IN-DN.svg
Daman and Diu Western Daman 112 km2 (43 sq mi)30 May 198726 January 2020 Dadra and Nagar Haveli and Daman and Diu (UT) IN-DD.svg
Goa, Daman and Diu Western Panaji 3,814 km2 (1,473 sq mi)19 December 196130 May 1987 Goa (state), Dadra and Nagar Haveli and Daman and Diu (UT) IN-GDD.svg
Himachal Northern Shimla 55,673 km2 (21,495 sq mi)1 November 195625 January 1971As an Indian state IN-HP.svg
Manipur North-Eastern Imphal 22,327 km2 (8,621 sq mi)1 November 195621 January 1972As an Indian state IN-MN.svg
Mizoram North-Eastern Aizawl 21,081 km2 (8,139 sq mi)21 January 197220 February 1987As an Indian state IN-MZ.svg
Nagaland North-Eastern Kohima 16,579 km2 (6,401 sq mi)29 November 19571 December 1963As an Indian state IN-NL.svg
Tripura North-Eastern Agartala 10,491 km2 (4,051 sq mi)1 November 195621 January 1972As an Indian state IN-TR.svg

Proposed union territories

There have been a number of movements and proposals to carve out additional states and union territories.

See also

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Dadra and Nagar Haveli is a district of the union territory of Dadra and Nagar Haveli and Daman and Diu in western India. It is composed of two separate geographical entities: Nagar Haveli, wedged in between Maharashtra and Gujarat states 1 kilometre (0.62 mi) to the north-west, the smaller enclave of Dadra, which is surrounded by Gujarat. Silvassa is the administrative headquarters of Dadra and Nagar Haveli.

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Delhi, Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu Civil Service is now called Delhi, Andaman, Nicobar Islands, Lakshwadeep, Dadra Nagar Haveli and Daman Diu Administrative Service (DANIAS) cadre civil servants are recruited directly through the Civil Services Examination and are responsible for the diverse administrative functions of the National Capital Territory of Delhi and the Union territories of India.

<span class="mw-page-title-main">Tenth Amendment of the Constitution of India</span> Incorporated Dadra and Nagar Haveli

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Dadra and Nagar Haveli and Daman and Diu is a union territory in India. The territory was constituted through the merger of the former territories of Dadra and Nagar Haveli and Daman and Diu. Plans for the proposed merger were announced by the Government of India in July 2019; the necessary legislation was passed in the Parliament of India in December 2019 and came into effect on 26 January 2020. The territory is made up of four separate geographical entities: Dadra, Nagar Haveli, Daman, and the island of Diu. All four areas were formerly part of Portuguese India, with a joint capital at Panjim, Goa. They came under Indian rule in the mid-20th century after the Annexation of Goa. These were jointly administered as Goa, Daman and Diu until 1987, when Goa was granted statehood after the Konkani language agitation. The current capital is Daman and Silvassa is the largest city.

The first case of the COVID-19 pandemic in India was reported on 30 January 2020, originating from China. Slowly, the pandemic spread to various states and union territories including the union territory of Dadra and Nagar Haveli and Daman and Diu. The first case was recorded in this region on 10 April 2020.

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The Administration of Dadra and Nagar Haveli and Daman and Diu is the administrative unit of the union territory of Dadra and Nagar Haveli and Daman and Diu. The Administration is led by an Administrator appointment by President of India. The union territory doesn't have elected legislative assembly. It governs three districts.

References

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