Union Territories & Scheduled/Tribal Areas

How India's 8 Union Territories came to be, how they're administered, and how the Fifth and Sixth Schedules govern Scheduled and Tribal Areas.

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πŸ“„ From your Polity Notes PDF

πŸ—ΊοΈ 1. Union Territories β€” Classification & Rationale

India's territory falls into three classes: territories of the States (28), Union Territories (8), and territory the Government of India may acquire in future (none at present). States share power with the Centre; Union Territories are under the Central Government's direct control β€” hence the older term "centrally administered territories."

πŸ›οΈ 2. Creation of Union Territories β€” How the Category Evolved

The lineage runs from 1874 Scheduled Districts, through Chief Commissioners' Provinces under British administration, to Part C and Part D States in the original Constitution, and finally to Union Territories proper β€” created by the 7th Constitutional Amendment Act read with the States Reorganisation Act, both 1956.

Union TerritoryYearNotes
Andaman & Nicobar Islands1956Included the Minicoy and Amindivi islands administratively at the time; strategic importance in the Bay of Bengal.
Delhi1956Later redesignated the National Capital Territory of Delhi (69th Amendment, 1991).
Lakshadweep1956Formerly the Laccadive, Minicoy and Amindivi Islands; renamed 1973; strategic importance in the Arabian Sea.
Dadra & Nagar Haveli1961Merged with Daman & Diu into a single UT in 2020.
Daman & Diu1962Formerly part of Portuguese India.
Puducherry1962Formerly French India; granted a High Court in 2006; carved out mainly for cultural distinctiveness.
Chandigarh1966Shared capital of Punjab and Haryana; created for political/administrative reasons after the Punjab Reorganisation Act, 1966.
Jammu & Kashmir2019Created (with a legislature) under the J&K Reorganisation Act, 2019, which also revoked the State's special status under Article 370.
Ladakh2019Carved out as a separate UT (without a legislature) in the same 2019 reorganisation.

Beyond administrative convenience, a recurring rationale for UT status is the special treatment and care of backward and tribal populations.

Case Study β€” Why J&K Was Split Into Two UTs (2019)

  • Ladakh: a very large but sparsely populated, high-altitude terrain, whose local groups had themselves long demanded UT status.
  • Jammu & Kashmir: retained a legislature, but the region was reorganised chiefly for security reasons, in the context of cross-border terrorism.

🏒 3. Administration of Union Territories (Arts. 239–241)

Articles 239–241 govern UT administration. The President designates an Administrator for each UT β€” styled variously as Lieutenant Governor, Chief Commissioner, or simply Administrator β€” who acts as the President's agent, not as an independent head of state. A sitting State Governor is occasionally also appointed concurrently as Administrator of a neighbouring UT.

  • UTs with a Legislative Assembly & COM: Delhi, Puducherry, Jammu & Kashmir and Ladakh, and the Andaman & Nicobar Islands are typically discussed together; among these, J&K and Ladakh are also the only UTs with their own High Court (a shared J&K and Ladakh High Court). A legislature doesn't diminish the President's ultimate powers over the UT.
  • UTs without a Legislature: Chandigarh, Daman & Diu, Dadra & Nagar Haveli, and Lakshadweep are administered directly; laws come from Parliament or the Administrator's regulation-making power.

Special Provisions for Delhi

  • The 69th CAA, 1991 redesignated Delhi as the National Capital Territory (NCT) of Delhi, renamed its Administrator as Lieutenant Governor, and replaced the Metropolitan and Executive Councils with an elected Assembly (70 members) and a COM capped at 10% of Assembly strength (7, including the CM).
  • The Chief Minister is appointed by the President, not the Lieutenant Governor; other ministers on the CM's advice.
  • The Delhi Assembly can legislate on State List and Concurrent List subjects except public order, police, and land β€” which remain with the Union.
  • If constitutional machinery breaks down, the President may impose President's Rule (Art. 356), and the Lieutenant Governor may promulgate ordinances.
Advisory Committees: under the Govt. of India (Allocation of Business) Rules, 1961, the Ministry of Home Affairs is the nodal ministry for all UT matters. The six UTs without a legislature each have a Home Minister's Advisory Committee (HMAC, chaired by the Union Home Minister) or an Administrator's Advisory Committee (AAC, chaired by the UT Administrator), with members from elected local bodies and MPs, discussing social and economic development.

⛰️ 4. Administration of Scheduled & Tribal Areas (Art. 244)

Article 244 governs both categories: the Fifth Schedule covers Scheduled Areas and Tribal Areas in most States, while the Sixth Schedule applies specifically to tribal areas within Assam, Meghalaya, Tripura and Mizoram (remembered by the initials 'ATMM').

Fifth ScheduleSixth Schedule
Scheduled Areas & Tribal Areas in most States (not Assam, Meghalaya, Tripura, Mizoram). Governed via a Governor's Report + Tribes Advisory Council (β‰₯20 members, β‰₯15 tribal). Tribal Areas of Assam, Meghalaya, Tripura & Mizoram ('ATMM'). Governed via elected Autonomous District & Regional Councils (up to 30 members each).

Fifth Schedule β€” Key Features

  • The President declares an area "Scheduled" and may include/exclude territory, in consultation with the State's Governor.
  • The Union may direct a State on administering Scheduled Areas; the State submits reports whenever the President requires.
  • Tribes Advisory Council: up to 20 members, at least 15 from Scheduled Tribes in the State Assembly; can exist even for a State with Scheduled Tribes but no Scheduled Area.
  • A State law extends to a Scheduled Area only with the Governor's assent; a Parliamentary law needs the President's assent to apply there.
  • A Commission on Scheduled Areas administration must be constituted at least once every ten years. 1st: U.N. Dhebar (1960, report 1961). 2nd: Dilip Singh Bhuria (2002, report 2004).

Sixth Schedule β€” Key Features

  • The tribal areas of the four ATMM States are constituted as Autonomous Districts (ADs).
  • The Governor may organise/reorganise an AD, and split it into Autonomous Regions where different tribes coexist.
  • Each Autonomous District Council has up to 30 members: 4 nominated by the Governor (serving at his pleasure) + 26 elected by adult franchise for a 5-year term.
  • The Governor may appoint a Commission to examine any AD administration matter as needed.
  • Acts of Parliament or a State Legislature don't automatically apply here, or apply only with modifications the Council specifies.
  • District/Regional Councils can run schools, roads and infrastructure; assess/collect land revenue and specified local taxes; administer within their jurisdiction; and constitute village courts.

πŸ”οΈ 5. Sixth Schedule States β€” Autonomous Districts & Councils

StateAutonomous District Councils
AssamNorth Cachar Hills (Dima Hasao) Autonomous Council; Karbi Anglong Autonomous Council; Bodoland Territorial Council
MeghalayaKhasi Hills Autonomous District Council; Jaintia Hills Autonomous District Council; Garo Hills Autonomous District Council
TripuraTripura Tribal Areas Autonomous District Council
MizoramChakma Autonomous District Council; Mara Autonomous District Council; Lai Autonomous District Council

⚑ 6. Quick Revision Snapshot

ItemDetail
Union Territories (current count)8 β€” Delhi, Puducherry, Chandigarh, A&N Islands, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, Jammu & Kashmir, Ladakh
UTs with their own High CourtJammu & Kashmir and Ladakh (shared High Court); Delhi also has its own High Court
Articles governing UT administration239–241
Article governing Scheduled/Tribal Areas244 (244A for the special Assam autonomous-State provision)
Fifth Schedule applies toScheduled/Tribal Areas in States other than Assam, Meghalaya, Tripura and Mizoram
Sixth Schedule applies toTribal areas of Assam, Meghalaya, Tripura and Mizoram ('ATMM')
Tribes Advisory Council strengthUp to 20 members, at least 15 from Scheduled Tribes
Autonomous District Council strengthUp to 30 members: 4 nominated (Governor's pleasure) + 26 elected (5-year term)
Scheduled Areas Commissions1st: U.N. Dhebar (1960, report 1961); 2nd: Dilip Singh Bhuria (2002, report 2004)

🎯 Exam Angle

Prelims loves to test which UTs have a legislature vs. which don't, and the Fifth vs Sixth Schedule distinction (ATMM states are the giveaway). Mains benefits from linking this to the broader federalism debate β€” e.g. how the 2019 J&K reorganisation used Article 3 powers to convert a State into two UTs, and what that implies about the "indestructible union of destructible states" idea.

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