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ADVISORY COMMITTEES OF UNION TERRITORIES
Under the Government of India (Allocation of Business) Rules 1961, Ministry of Home Affairs is the nodal ministry for all matters of Union Territories relating to legislation, finance and budget, services and appointment of Lt. Governors and Administrators.
All the six UTs without legislature (Andaman and Nicobar Islands, Chandigarh, Daman and Diu, Dadra and Nagar Haveli, Lakshadweep and Ladakh) have the forum of Home Minister’s Advisory Committee (HMAC)/Administrator’s Advisory Committee (AAC). While HMAC is chaired by the Union Home Minister, AAC is chaired by the Administrator of the concerned UTs. The Member of Parliament and elected members from the local bodies
e.g. District Panchayats and Municipal Council of the respective UTs are members of these committees among others. The Committee discusses the general issues relating to social and economic development of the UTs.6
Table 40.1 Administrative System of Union Territories at a Glance
Union Territories | Executive | Legislature | Judiciary |
1. Andaman and Nicobar Islands | Lt. Governor | - | Under Calcutta High Court |
2. Chandigarh | Administrator | - | Under Punjab and Haryana High Court |
3. Dadra and Nagar Haveli | Administrator | - | Under Bombay High Court |
4. Daman and Diu | Administrator | - | Under Bombay High Court |
5. Delhi | (a) Lt. Governor (b) Chief minister | Legislative Assembly | Separate High Court |
(c) Council of ministers | |||
6. Lakshadweep | Administrator | - | Under Kerala High Court |
7. Puducherry | (a) Lt. Governor (b) Chief minister (c) Council of ministers | Legislative Assembly | Under Madras High Court |
8. Jammu and Kashmir | (a) Lt. Governor (b) Chief Minister (c) Council of Ministers | Legislative Assembly | Under Jammu and Kashmir High Court |
9. Ladakh | Lt. Governor | - | Under Jammu and Kashmir High Court |
Table 40.2 Comparing States and Union Territories
States | Union Territories | |
1. Their relationship with Centre is federal. | 1. | Their relationship with Centre is unitary. |
2. They share a distribution of power with the Centre. | 2. | They are under the direct control and administration of the Centre. |
3. They have autonomy. | 3. | They do not have any autonomy. |
4. There is uniformity in their | 4. | There is no uniformity in |
administrative set-up. | their administrative set-up. | |
5. Their executive head is known as governor. | 5. | Their executive head is known by various designa- tions-administrator or lieutenant governor or chief commissioner. |
6. A governor is a constitutional head of the state. | 6. | An administrator is an agent of the president. |
7. Parliament cannot make laws on the subjects of the state list in relation to the states except under extraordinary circumstances. | 7. | Parliament can make laws on any subject of the three lists the state list in relation to the states except under in relation to the union territories. |
Table 40.3 Articles Related to Union Territories at a Glance
Article No. | Subject-matter |
239. Administration of Union territories | |
239A. | Creation of local Legislatures or Council of Ministers or both for certain Union territories |
239AA. | Special provisions with respect to Delhi |
239AB. | Provision in case of failure of constitutional machinery |
239B. | Power of administrator to promulgate Ordinances during recess of Legislature |
240. Power of President to make regulations for certain Union territories | |
241. High Courts for Union territories | |
242. Coorg (Repealed) | |