Articles 239 to 241 in Part VIII of the Constitution deal with the union territories and there is no uniformity in their administrative system.
- The original Constitution under Article 239 provided for the administration of UTs directly by the President through the administrators. Article 239A was brought in 1962, to enable Parliament to create legislatures for the UTs. In this direction, some UTs were provided with a legislature and a Council of Ministers to fulfil the democratic aspirations of the people of these territories. Article 239AA on the Indian Constitution was added by Constitution (69th Amendment) act, 1991 according special provisions for the National Capital Territory of Delhi.
- Under Article 240, President has the power to make regulations for the peace, progress and good governance of Andaman and Nicobar Islands, Lakshwadeep, Dadra and Nagar Haveli, Daman and Diu and Puducherry. In the case of Puducherry, the President can make a regulation to legislate only when the assembly is suspended or dissolved.
- A regulation made by the President has the same force and effect as an act of Parliament.
- Article 241 states that the Parliament may by law constitute a High Court for a Union Territory or declare any court in any territory to be a High Court for all or any of the purposes of the Constitution. Only NCT of Delhi has a separate High Court.
Constitutional status:
- The Centre has powers to administer the Union Territories through administrators.
- The union territories, except Puducherry and Delhi, do not have any legislatures of their own. Thus, the power to make laws on any of the subjects under all lists mentioned in the Seventh Schedule resides with the Parliament. This power also covers Puducherry and Delhi.
- The Ministry of Home Affairs at the Centre is the nodal ministry for all matters related to Union Territories relating to legislation, finance and budget, services and appointment of Administrators.