Union Territories of India: Origins, Governance Models & Recent Updates
Why does India have Union Territories at all — and why are Delhi, Puducherry and Jammu & Kashmir governed so differently from Chandigarh or Lakshadweep? This guide traces the concept from its colonial roots, compares it with similar arrangements worldwide, and decodes each governance model with the latest 2026 updates.
India is described in Article 1 of the Constitution as a "Union of States" — but the Union is not made up of states alone. Alongside its 28 states sit 8 Union Territories (UTs): regions administered, wholly or partly, directly by the Central Government. Understanding why they exist, how they are governed, and why some are treated so differently is one of the most exam-relevant themes in Indian Polity.
What Is a Union Territory?
A Union Territory is an administrative unit governed directly by the Union (Central) Government, rather than having the full sovereignty and self-government of a state. The relevant provisions sit in Part VIII of the Constitution (Articles 239 to 241).
- Article 239 — every UT is administered by the President acting through an Administrator (who may be designated Lieutenant Governor, Chief Commissioner or Administrator). The Administrator acts as an agent of the President, not as a head of state like a Governor.
- Article 239A — enables Parliament to create local legislatures or councils of ministers for certain UTs (first used for Puducherry).
- Article 239AA — special provisions for the National Capital Territory of Delhi (added by the 69th Amendment, 1991).
- Article 240 — the President's power to make regulations for certain UTs; Article 241 deals with High Courts for UTs.
The Ministry of Home Affairs is the nodal ministry for all matters relating to UTs — legislation, finance and budget, services, and the appointment of Lieutenant Governors and Administrators.
Why Were Union Territories Created?
UTs were not an afterthought — each exists for a specific reason that made central administration more practical than statehood:
- Strategic & security importance — e.g. the Andaman & Nicobar Islands and Lakshadweep, whose location in the Bay of Bengal and Arabian Sea makes them militarily and maritime-strategically vital.
- Administrative need — Delhi, as the national capital, and Chandigarh, as the shared capital of Punjab and Haryana, require neutral central administration.
- Distinct culture & identity — Puducherry (former French territory) and the erstwhile Portuguese enclaves (Dadra & Nagar Haveli, Daman & Diu) had unique legal and cultural legacies to be protected.
- Protection of small or backward populations — smaller territories that could not viably function as full states.
- Political & security reasons — the 2019 reorganisation of Jammu & Kashmir into two UTs was driven by security and administrative considerations.
Where Did the Concept Come From? (The Origin)
Contrary to a common assumption, the UT category was not simply "borrowed" wholesale from one foreign country — it evolved from India's own administrative history.
Under British rule, provinces fell into two types: Governors' Provinces (with more autonomy) and centrally-run Chief Commissioners' Provinces. When the Constitution came into force in 1950, this was carried over as a four-fold classification:
- Part A states — former Governors' Provinces, with elected governments.
- Part B states — former princely states with legislatures.
- Part C states — former Chief Commissioners' Provinces and some princely states, centrally administered.
- Part D territories — e.g. the Andaman & Nicobar Islands, administered directly by the Centre.
On the recommendation of the Fazl Ali Commission (States Reorganisation Commission), the States Reorganisation Act, 1956 and the 7th Constitutional Amendment Act, 1956 abolished this A/B/C/D scheme and created a cleaner two-fold structure: States and Union Territories. The Part C states and Part D territories — the centrally-administered units — became the first Union Territories. So the true ancestor of the UT is the colonial-era Chief Commissioner's Province, not a foreign import.
Do Other Countries Have "Union Territories"?
While the specific term "Union Territory" is distinctly Indian, the underlying idea — a national capital or outlying region governed directly by the federal government rather than a provincial one — appears in many federations around the world:
| Country | Comparable arrangement |
|---|---|
| United States | The District of Columbia (federal capital), plus territories such as Puerto Rico, Guam and the U.S. Virgin Islands |
| Malaysia | Federal Territories — Kuala Lumpur, Putrajaya and Labuan — administered by the federal government |
| Australia | The Australian Capital Territory (Canberra) and the Northern Territory |
| Pakistan | The Islamabad Capital Territory |
| Brazil | The Federal District, containing the capital Brasília |
| Canada | Three federal territories — Yukon, Northwest Territories and Nunavut (with growing self-government) |
India's broader federal design — a strong Centre and the phrase "Union of States" — is often traced to the influence of the Canadian model. But the practice of a centrally-governed capital district most closely parallels the U.S. District of Columbia and Malaysia's Federal Territories.
The 8 Union Territories Today
After the reorganisation of Jammu & Kashmir in 2019 and the merger of Dadra & Nagar Haveli with Daman & Diu in January 2020, India has 8 Union Territories, of which only three have their own elected legislature.
| Union Territory | Capital | Legislature | Created |
|---|---|---|---|
| Andaman & Nicobar Islands | Port Blair | No | 1956 |
| Lakshadweep | Kavaratti | No | 1956 |
| NCT of Delhi | Delhi | Yes | 1956 |
| Dadra & Nagar Haveli and Daman & Diu | Daman | No | 1961/1962 (merged 2020) |
| Puducherry | Puducherry | Yes | 1962 |
| Chandigarh | Chandigarh | No | 1966 |
| Jammu & Kashmir | Srinagar (S) / Jammu (W) | Yes | 2019 |
| Ladakh | Leh | No | 2019 |
S = summer capital, W = winter capital. Chandigarh became a UT in 1966 on the reorganisation of Punjab. The UTs of Dadra & Nagar Haveli and Daman & Diu were merged into a single UT by an Act of 2019, effective 26 January 2020.
Two Governance Models: With and Without a Legislature
The single most important distinction among UTs is whether they have a legislative assembly.
UTs without a legislature (5)
Andaman & Nicobar, Lakshadweep, Chandigarh, Dadra & Nagar Haveli and Daman & Diu, and Ladakh are administered directly by the President through a Lieutenant Governor or Administrator. Parliament legislates for them on any subject — including State List subjects.
UTs with a legislature (3)
Delhi, Puducherry and Jammu & Kashmir have elected assemblies and councils of ministers — but with powers deliberately narrower than a full state. In all three, Parliament can still legislate on any subject in all three Lists.
Judiciary
Parliament can establish a High Court for a UT or place it under the jurisdiction of an adjacent state's High Court. Delhi is the only UT with a High Court of its own (since 1966); Jammu & Kashmir and Ladakh share a common High Court.
Legislative & Executive Powers: How Assembly-UTs Share Power with the Centre
The three UTs that have assemblies — Delhi, Puducherry and Jammu & Kashmir — are not mini-states. Their elected governments share power with the Centre under a carefully limited arrangement, and in every case the Centre keeps the upper hand.
Executive power — who actually administers a UT
- The President is the executive head of every UT and administers it through an Administrator — designated Lieutenant Governor, Chief Commissioner or Administrator. The Administrator acts as an agent of the President, not as a constitutional head like a state's Governor.
- The President decides the Administrator's designation and can even appoint the Governor of an adjacent state as the Administrator of a UT.
- In the assembly-UTs, a Council of Ministers headed by a Chief Minister aids and advises the Lieutenant Governor — but only on subjects within the assembly's competence. On reserved subjects (and where the law so provides), the LG acts in his own discretion or on the Centre's instructions.
- Under the Government of India (Allocation of Business) Rules, 1961, the Ministry of Home Affairs is the nodal ministry for UT legislation, finance and budget, services, and the appointment of Lt. Governors and Administrators.
How the Chief Minister and Ministers are appointed
In an assembly-UT the Chief Minister is the leader who commands the majority in the elected Legislative Assembly — just as at the state or national level. But the formal appointment differs from UT to UT, and this is a favourite Prelims trap:
- Delhi (Article 239AA): the Chief Minister is appointed by the President — not by the Lieutenant Governor. The other Ministers are appointed by the President on the advice of the Chief Minister, and they hold office during the pleasure of the President. The Council of Ministers cannot exceed 10% of the assembly's total strength (a maximum of 7 in Delhi's 70-member house).
- Puducherry & Jammu & Kashmir: the Chief Minister is appointed by the Lieutenant Governor (Administrator). Other Ministers are appointed by the LG on the advice of the CM and hold office during the LG's pleasure.
- In every assembly-UT, the Council of Ministers is collectively responsible to the Legislative Assembly, and the Lieutenant Governor administers the oath of office and secrecy to the Chief Minister and Ministers.
Remember the one exception: in Delhi the CM is appointed by the President, whereas in Puducherry and J&K the CM is appointed by the Lieutenant Governor. In all three, ministers are chosen on the CM's advice and the LG administers the oath.
Legislative power — who makes the laws
Two principles govern law-making in every UT:
- Parliament is supreme. Parliament can make laws on any subject of all three Lists (Union, State and Concurrent) for any UT — including those that have their own assemblies. This power is plenary and continues to apply to Delhi, Puducherry and J&K.
- The assembly's power is limited and carved out. Each assembly-UT may legislate only on the subjects allowed to it (see table), and only within its territory.
| Assembly-UT | Assembly can make laws on | Reserved to the Centre | Executive head |
|---|---|---|---|
| Delhi (Art. 239AA) | State List & Concurrent List | Public order, police & land | Lieutenant Governor |
| Puducherry (Govt. of UTs Act, 1963) | State List & Concurrent List (widest scope of the three) | No listed subject carve-out, but Parliament & LG override | Lieutenant Governor |
| Jammu & Kashmir (Reorg. Act, 2019) | State List & Concurrent List | Public order & police (note: land is not excluded, unlike Delhi) | Lieutenant Governor |
If a law made by a UT assembly conflicts with a law made by Parliament on the same subject, the Parliamentary (Central) law prevails, and the assembly's law is void to the extent of the repugnancy. This single rule is why UT assemblies, however elected, can never override the Centre.
When the LG and the elected government disagree
In Delhi, if there is a difference of opinion between the Lieutenant Governor and his Ministers, the LG refers the matter to the President, whose decision is final. Pending that decision, in any urgent matter the LG may take immediate action on his own. In case of a failure of constitutional machinery, the President can suspend the assembly and impose direct central rule in the territory — the UT equivalent of President's Rule in the states (Article 239AB for Delhi).
An assembly-UT is a genuine but bounded democracy: the people elect a government, yet public order, policing and — in Delhi — land stay with the Centre, and any clash of laws is settled in the Centre's favour. — Legacy IAS Faculty
Deep Dive: Delhi (Article 239AA)
The 69th Constitutional Amendment Act, 1991 gave Delhi a unique status:
- Redesignated the UT of Delhi as the National Capital Territory (NCT) of Delhi.
- Designated its Administrator as the Lieutenant Governor.
- Created a 70-member Legislative Assembly and a Council of Ministers.
- The Chief Minister is appointed by the President (not the Lt. Governor).
Crucially, the Delhi assembly can legislate on State List and Concurrent List subjects except public order, police and land, which remain with the Centre. This split is the root of the long-running friction between Delhi's elected government and the Lieutenant Governor.
In May 2023 the Supreme Court held that Delhi's elected government controls "services" (administrative officers), except for public order, police and land. The Centre responded with the Government of NCT of Delhi (Amendment) Act, 2023, creating a National Capital Civil Services Authority — effectively giving the Lt. Governor a decisive say over bureaucratic postings. It remains a live Centre–UT federalism issue.
Deep Dive: Puducherry (Article 239A)
Puducherry received a legislature through the Government of Union Territories Act, 1963. Its assembly can make laws on any subject of the State List and the Concurrent List as they apply to the UT. Like Delhi, it functions with a Lieutenant Governor and a Council of Ministers, but the LG retains significant powers, and Parliament's authority over the UT remains supreme.
Deep Dive: Jammu & Kashmir and Ladakh (2019)
Until 2019, Jammu & Kashmir was a state with special status under Article 370, described in the Constitution as a "temporary, transitional and special provision." Its residents lived under a separate set of laws relating to citizenship, property and fundamental rights.
On 5 August 2019, the President issued the Constitution (Application to Jammu and Kashmir) Order, 2019, and the Jammu and Kashmir Reorganisation Act, 2019 was passed, splitting the former state into two UTs:
- Jammu & Kashmir — a UT with a legislative assembly.
- Ladakh — a UT without a legislative assembly.
Key changes that followed included the end of separate citizenship and a separate flag, the extension of the Right to Information and the Right to Education, property rights opened to all Indian citizens, and reservation benefits extended to previously excluded groups.
In December 2023, the Supreme Court upheld the abrogation of Article 370 and directed the Centre to restore J&K's statehood and hold assembly elections. Elections were held in late 2024 and an elected government took office. However, as of July 2026, full statehood has not yet been restored — the elected leadership continues to press the Centre on its promise, and related pleas remain before the Supreme Court. J&K therefore remains a Union Territory with a legislature for now.
Special Provisions for Some States (Articles 371–371J)
Distinct from UTs, the Constitution also carves out special provisions for certain states under Articles 371 to 371-J, to protect local aspirations. These were not in the original Constitution and were added by various amendments.
| Article | State | Core provision |
|---|---|---|
| 371 | Maharashtra & Gujarat | Governor's special responsibility for developmental needs (Vidarbha, Marathwada; Saurashtra, Kutch) |
| 371-A | Nagaland | Parliament laws on Naga customary law, land etc. apply only if the state assembly decides; regional council for Tuensang |
| 371-B | Assam | Committee of the assembly for tribal areas |
| 371-C | Manipur | Committee of the assembly for the Hill Areas |
| 371-D / E | Andhra Pradesh / Telangana | Equitable opportunities in employment/education; Administrative Tribunal; Central University in AP |
| 371-F | Sikkim | Provisions on assembly size and Lok Sabha representation (36th Amendment, 1975) |
| 371-G | Mizoram | Parliament laws on Mizo customary law, land etc. apply only if the assembly decides |
| 371-H | Arunachal Pradesh | Governor's special responsibility for law and order |
| 371-I | Goa | Assembly of not less than 30 members |
| 371-J | Karnataka | Special provisions for the Hyderabad-Karnataka (Kalyana-Karnataka) region — development board, funds, local reservations |
A Union Territory is where the idea of "Union of States" meets the practical needs of security, capital-city neutrality and cultural protection. The three legislature-holding UTs — Delhi, Puducherry and J&K — are a live laboratory of Indian federalism. — Legacy IAS Faculty
Frequently Asked Questions
How many Union Territories does India have in 2026?
India has 8 Union Territories as of 2026, alongside 28 states. The number changed from 9 to 8 when Dadra & Nagar Haveli and Daman & Diu were merged into a single UT, effective 26 January 2020.
Which Union Territories have their own legislature?
Three UTs have an elected legislative assembly and council of ministers: Delhi (NCT), Puducherry, and Jammu & Kashmir. The other five — Ladakh, Chandigarh, Andaman & Nicobar, Lakshadweep, and Dadra & Nagar Haveli and Daman & Diu — are administered directly by the Centre.
Which country did India borrow the Union Territory concept from?
The UT concept evolved from India's own history — the centrally-administered Chief Commissioners' Provinces of British India became the Part C/D units, which were reclassified as Union Territories by the 7th Constitutional Amendment Act, 1956. The broader idea of centrally-governed capital districts parallels the U.S. District of Columbia and Malaysia's Federal Territories.
Is Jammu & Kashmir a state or a Union Territory now?
As of July 2026, Jammu & Kashmir remains a Union Territory with a legislative assembly. Although the Supreme Court in December 2023 directed the restoration of statehood and elections were held in 2024, full statehood had not yet been restored at the time of writing.
Why can't the Delhi government control the police?
Under Article 239AA, Delhi's assembly can legislate on State and Concurrent List subjects except public order, police and land, which remain with the Central Government. This is why law-and-order in Delhi is handled by the Centre, not the elected Delhi government.
Do Union Territories with assemblies have the same powers as states?
No. Delhi, Puducherry and J&K have elected assemblies, but their powers are narrower than a state's. Parliament can legislate for them on any subject of all three Lists, key subjects are reserved to the Centre (e.g. police and public order), the Lieutenant Governor holds significant authority, and if a UT law conflicts with a Central law, the Central law prevails.
Who appoints the Chief Minister in a Union Territory with an assembly?
The CM is the leader of the majority in the elected assembly. In Delhi (Article 239AA) the CM is formally appointed by the President; in Puducherry and Jammu & Kashmir the CM is appointed by the Lieutenant Governor. In every case, other ministers are appointed on the CM's advice, the council is collectively responsible to the assembly, and the Lieutenant Governor administers the oath of office.
Key Takeaways
- 8 UTs, 3 with legislatures (Delhi, Puducherry, J&K); Part VIII (Articles 239–241) governs them.
- Origin is indigenous: UTs descend from the Chief Commissioners' Provinces via the Part C/D states, reclassified by the 7th Amendment (1956).
- Assembly-UTs share power, not sovereignty: Parliament can legislate on all three Lists for them, and if laws conflict, the Central law prevails.
- Delhi (Art. 239AA) excludes police, public order and land from the assembly's powers; J&K excludes police and public order; the LG is the real executive pivot in each.
- J&K & Ladakh (2019) replaced a special-status state with two UTs; J&K statehood remained pending as of July 2026.
- Articles 371–371J give special (not UT) provisions to states like Nagaland, Karnataka, Sikkim and Andhra/Telangana.
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