The Special Case of

Delhi and Puducherry

Presented by Pragya Sachdeva
What Are Union Territories?
A union territory is a type of administrative division
in the Republic of India. Unlike states, which have
their own elected governments, union territories
are ruled directly by the Union Government
 Union territories of India have special rights and status due
to their constitutional formation and development. The
status of "Union Territory" may be assigned to an Indian sub-
jurisdiction for reasons such as safeguarding the rights of
indigenous cultures, averting political turmoil related to
matters of governance, and so on.
 Delhi and Puducherry are
different from other Union
Why are Delhi and Territories due to the fact that
both these U.Ts have an
Puducherry elected legislative assembly
and an executive council of
different? ministers. This applies that
Delhi and Puducherry were
provided with a "partial
statehood".
UNDER ARTICLE 239

The Union Territories are administered by the President

through an administrator who is called the LIEUTENANT
GOVERNOR
 UNDER ARTICLE 239A (PUDUCHERRY)

Power to decide the structure of administration in the UT is vested in

Parliament. Parliament was empowered to create a legislature or
council of ministers or both for a Union Territory via Constitution
(Fourteenth Amendment) Act, 1962 by inserting Article 239A. Using
this article legislature of Puducherry was established.
 UNDER ARTICLE 239AA (DELHI)

Article 239AA was inserted by 69 th amendment act, 1991. After this the UT of Delhi is called
National Capital Territory of Delhi.
a legislative assembly for NCT of Delhi was provided. The power to decide the number of the seats
and reservation of the seats was vested in the parliament.
With this, Delhi became a state and the Constitutional provisions with regard to Elections (Article
324-327 and 329) became applicable in NCT.
 Article 239AB provides that if the
Lieutenant Governor of Delhi gives a

President’s report to the President that a

situation has arisen in National
Capital Territory of Delhi in which
Rule on Delhi the administration cannot be carried
out in accordance with the
provisions of the article 239AA,
then President can suspend any
provisions of Article 239AA.
 The Legislative Assembly of
Pondicherry has a Council of
Ministers to govern the “Union
Territory of Pondicherry”.

The UT is administered by the

PUDUCHERRY
President of India through an
Administrator

MLAs may make laws for the whole or

any part of the Union Territory with
respect to any of the matters
enumerated in the State List or the
Concurrent List.
 Council of Ministers headed by a Chief Minister will aid and advise the
Administrator in the exercise of his functions in relation to matters with
respect to which the Legislative Assembly of the Union Territory has power
to make laws”.

The same clause also allows the LG to act in his discretion in the matter of
lawmaking, even though the Council of Ministers has the task of aiding and
advising him.
DIFFERENCE BETWEEN DELHI AND PUDUCHERRY
But there is no such specific
The Constitution does not
restrictions for Union territory of
empower the Delhi government to
Puducherry mentioned in the
pass any law on land, police,
Constitution. However, it does
public order and offences and
not mean that the legislature of
jurisdiction power of courts after
the Union territory of Puducherry
periodical review of the provisions
enjoys absolute power in the
over the years.
absence of any such provision