Chapters :
  • LIBERAL INTELLECTUAL PRINCIPLES – 20
  • THE UNION TERRITORIES
  • Introduction
  • Administration of Uts
  • Legislative Powers of the President
  • Special Status of NCT Delhi

LIBERAL INTELLECTUAL PRINCIPLES – 20

 THE UNION TERRITORIES Introduction  The Union Territories(UTs) are under the direct administrative control of the union government. Unlike the states, the UTs do not share powers with the union thus, the federal character of Indian political organisation becomes unitary with respect to the administration of UTs. Reasons for Creating UTs: The UTs are created for the following reasons.
S.No Reason UT
1 Political Reason Chandigarh
2 Administrative Reason National Capital Territory of Delhi(NCT Delhi)
3 Strategic Reason Andaman & Nicobar Islands and Lakshadweep
4 Cultural Reason Puducherry, Dadra and Nagar Haveli and Daman and Diu
5 Strategic &  Security of the Nation Union Territories of Jammu & Kashmir and Ladakh.
  • Administration of Uts
Articles 239 to 241 under Part VIII of the constitution deal with the administration of UTs. The President administers the UTs through his agents called as Lieutenant Governors or Administrators or Chief Commissioners. The administration of UTs is not uniform. The UTs such as Puducherry and NCT Delhi have their own legislature to enact laws on subjects in the state list and the concurrent list. However, this does not reduce the supremacy of the President and the Parliament over the administration of these UTs. The Parliament is empowered to enact laws applicable to the UTs on subjects in all the three lists namely, the union list, the concurrent list and the state list. This power of the Parliament extends to NCT Delhi and Puducherry as well.
Note: The Lieutenant Governor is not the constitutional head of the UT. He is just an agent of the President, who is the head of the UTs.
Legislative Powers of the President:
  1. The President can make regulations for the peace, progress and good governance of Andaman & Nicobar Islands and Lakshadweep.
  2. With respect to Puducherry, the President can legislate by making regulations when the assembly is suspended or dissolved.
  3. All the regulations made by the President with respect to the administration of UTs will have the same effect of the laws of Parliament.
  • Special Status of NCT Delhi
NCT Delhi being the national capital territory of India, is provided with a special status and administered by special laws.
  1. The special status of NCT Delhi does not confer the status of ‘Statehood’ to it.
  2. It is provided with a legislature consisting of members directly elected by the people.
  3. The legislature can enact laws on subjects in the state list and the concurrent list, except subjects such as public order, police and land.
  4. The Chief Minister and the Council of Ministers are appointed by the President, not by the Lieutenant Governor.
  5. The CoM and the CM hold office during the pleasure of President.
  6. The strength of the CoM including the CM should not exceed 10% of the total strength of the assembly.
  7. The CoM aid and advice the Lieutenant Governor(LG). Whenever a conflict arises between the CoM and the LG, the LG has to refer the matter to the President and has to act according to the decision of the President.
  8. The LG can report to the President for the imposition of President’s rule in NCT Delhi on the ground of failure of constitutional machinery. The President can impose his rule on Delhi even without the report of LG.
  9. The LG can promulgate or withdraw ordinances with the prior permission of the President only when the legislature is not in session. He cannot promulgate an ordinance when the legislature is suspended or dissolved.
 
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