Administration of Union Territories under Article 239

A Union Territory is administered by the Union rather than as a constitutionally autonomous state. Under Article 239, the President administers every Union Territory through an appointed administrator, except where Parliament has provided a different arrangement by law.

Basic constitutional arrangement

The President acts through an administrator appointed by him, with such designation and to such extent as he considers appropriate. Parliament may alter this basic arrangement through legislation.

• The administrator may be designated as a Lieutenant Governor, Administrator or by another specified title.
• Under Article 239(2), the President may appoint the Governor of an adjoining state as administrator of a Union Territory; the Governor then acts independently of the state's Council of Ministers in that capacity.
• An administrator is an agent of the President, not a constitutional head equivalent to a state Governor.

Legislative and executive variations

Article 239 is the general rule, but the Constitution permits differentiated arrangements among Union Territories.

• Under Article 239A, Parliament may create a legislature, a Council of Ministers, or both for Puducherry.
• Under Article 239AA, the National Capital Territory of Delhi has a Legislative Assembly and Council of Ministers, subject to constitutional exclusions and Union control.
• Union Territories without legislatures are governed more directly through the President and administrator, subject to laws made by Parliament.

Union law-making control

Under Article 246(4), Parliament may legislate for any territory not included in a state, including on matters in the State List. This gives Parliament wider legislative competence over Union Territories than it has over states.

• Under Article 240, the President may make regulations for specified Union Territories; such regulations have the same force and effect as an Act of Parliament.
• Consequently, the extent of representative government and administrative devolution can differ across Union Territories.