States and Union Territories

A State is a constituent unit of India’s federal system with constitutionally assigned executive and legislative authority. A Union Territory with an elected legislature remains a territory administered under the Union Territory provisions; an elected assembly gives it representative government but does not confer statehood or equal legislative autonomy.

Constitutional position and administration

Under Article 1 and the First Schedule, States and Union Territories are separate constitutional categories. A State has a Governor, a Council of Ministers and a legislature under the general State provisions, while a Union Territory is administered by the President through an administrator under Article 239.

• Parliament may establish a legislature and Council of Ministers for Puducherry under Article 239A.
• The National Capital Territory of Delhi has special constitutional arrangements under Article 239AA.
• A Union Territory’s legislature and ministry operate within the powers granted by the Constitution and parliamentary law.

Distribution of legislative and executive power

A State legislature has authority over the State List under Article 246(3), subject to constitutional exceptions permitting parliamentary legislation. The State executive’s authority generally follows the matters on which its legislature can make laws.

• Under Article 246(4), Parliament may legislate for any part of India not included in a State, including on State List subjects.
• Parliament therefore retains wider legislative authority over a Union Territory even when that territory has an elected legislature.
• The Union Territory’s administrator or Lieutenant Governor represents the President, and the elected ministry functions within the applicable constitutional or statutory scheme.

Federal representation and statehood

States are represented in the Council of States under Article 80, with members elected by their legislative assemblies. Representation of Union Territories in the Council of States is instead determined by parliamentary law.

• The existence of an elected assembly does not make a Union Territory a State or give it the full constitutional position of a State.
• Statehood requires parliamentary action under Article 3, which governs the formation of new States and alteration of existing territorial arrangements.

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