Administration of Union Territories under Article 239

A Union Territory is a territory 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. Where there is no legislature, administration therefore operates without an elected territorial Council of Ministers or law-making assembly.

Constitutional chain of administration

For a Union Territory without a legislature, the constitutional chain runs from the President to the appointed administrator. The President acts on the aid and advice of the Union Council of Ministers under Article 74, while the administrator conducts territorial administration within the authority entrusted by the President and applicable laws.

• The administrator is appointed with such designation and exercises authority to such extent as the President considers appropriate.
• The administrator may be designated as a Lieutenant Governor, Administrator or by another specified title.
• Under Article 239(2), the Governor of an adjoining state may be appointed administrator and must act independently of that state's Council of Ministers in this capacity.
• An administrator is an agent of the President, not a constitutional head equivalent to a state Governor.

Legislation and presidential regulations

The absence of a territorial legislature does not create a legislative vacuum. Parliament supplies the principal law-making authority, while presidential regulation-making is available only for Union Territories specified by the Constitution.

• Under Article 246(4), Parliament may legislate for any territory not included in a state, including on subjects in the State List.
• Under Article 240, the President may make regulations for the peace, progress and good government of the specified Union Territories.
• This regulation-making power covers the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and, under specified conditions, Puducherry.
• A presidential regulation may amend or repeal an applicable parliamentary law and has the same force and effect as an Act of Parliament.

Differentiated arrangements and accountability

Article 239 is the general rule, but the Constitution permits different degrees of representative government among Union Territories. Where no legislature exists, executive responsibility remains with the Union administration rather than an elected territorial ministry.

• 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.
• For Union Territories without legislatures, Parliament performs the territorial law-making role and scrutinises the Union government responsible for their administration.
• Their expenditure is authorised through the Union budget and parliamentary grant process, rather than through appropriation by a territorial assembly.