Union Territories and Special Areas

Administration of Union Territories | Scheduled and Tribal Areas

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5.1 Administration of Union Territories

Constitutional Basis: Part VIII, Articles 239–241

• Article 239: Every Union Territory is administered by the President, acting through an Administrator appointed by him — the Administrator may be given the title of Lieutenant Governor or, in smaller UTs, simply "Administrator" or "Chief Commissioner."
• Article 239A: Empowers Parliament to create a legislature and/or Council of Ministers for certain UTs (originally introduced for Puducherry) by law.
• Article 239AA: Special provisions for the National Capital Territory of Delhi — inserted by the 69th Amendment Act, 1991. Delhi has its own Legislative Assembly and Council of Ministers headed by a Chief Minister, though certain subjects (Police, Public Order, and Land) remain outside the Legislative Assembly's jurisdiction and rest with the Union Government/Lieutenant Governor.
• Article 239AB: Provides for the failure of constitutional machinery in the NCT of Delhi (President's Rule-equivalent provision).
• Article 240: President's power to make regulations for certain UTs (Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, and Puducherry — when its Assembly is dissolved or suspended).
• Article 241: Parliament may by law constitute a High Court for a Union Territory, or declare any court in a UT to be a High Court for that UT.

Current List of Union Territories (as reorganized)

Following the Jammu and Kashmir Reorganisation Act, 2019, and the Dadra and Nagar Haveli and Daman and Diu (Merger) Act, 2019, the current Union Territories are:

1. Andaman and Nicobar Islands
2. Chandigarh
3. Dadra and Nagar Haveli and Daman and Diu (merged into a single UT effective 26 January 2020)
4. Delhi (National Capital Territory)
5. Jammu and Kashmir (with a legislature)
6. Ladakh (without a legislature)
7. Lakshadweep
8. Puducherry (with a legislature)

Common Traps

• Delhi and Puducherry have their own Legislative Assemblies; Jammu & Kashmir was also given a legislature upon its reorganization as a UT; the rest of the UTs do not have a legislature and are administered directly by the President through an Administrator.
• Delhi's Legislative Assembly cannot legislate on Police, Public Order, and Land — these remain with the Union Government (a frequent source of Centre-Delhi government friction, and a well-tested exception).
• Article 239AA (Delhi's special status) is distinct from Article 370 (J&K's erstwhile special status, since abrogated in 2019) — do not conflate the two.

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5.2 Scheduled and Tribal Areas

Fifth Schedule

• Deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram (which are covered by the Sixth Schedule instead).
• The Governor of the concerned state has special responsibility for the administration of Scheduled Areas; must submit an annual report to the President.
• A Tribes Advisory Council (TAC) may be established in each state having Scheduled Areas (mandatory if the state has Scheduled Areas; can also be set up voluntarily in a state with Scheduled Tribes but no Scheduled Areas, on the President's direction) to advise on the welfare and advancement of Scheduled Tribes.
• The Governor can direct that a particular Act of Parliament or the state legislature does not apply to a Scheduled Area, or apply with modifications.
• States with Fifth Schedule Areas include (among others): Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana.

Sixth Schedule

• Deals with the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram — via the creation of Autonomous District Councils (ADCs) and, where applicable, Autonomous Regional Councils.
• These Councils have powers to make laws on certain subjects (land, forests, canal water, shifting cultivation, village administration, inheritance, marriage/divorce, social customs), subject to the Governor's assent for certain categories of law.
• Councils can also constitute village councils/courts for trial of certain suits/cases involving Scheduled Tribes, and can assess and collect land revenue and impose certain taxes.
• Each Autonomous District Council can have up to 30 members (not more than 4 nominated by the Governor, the rest elected), with a term of 5 years (unless dissolved earlier).

Common Traps

• Fifth Schedule = Governor-led administration, no autonomous councils (other than the advisory TAC); Sixth Schedule = elected Autonomous District/Regional Councils with actual legislative and judicial powers — this is the single most important distinction tested.
• Sixth Schedule applies to only 4 states: Assam, Meghalaya, Tripura, Mizoram — a frequently tested closed list (commonly confused with the broader Fifth Schedule list, or with Nagaland/Manipur, which have their own special constitutional provisions under Article 371A and 371C respectively, NOT the Sixth Schedule).
• The Governor's role differs sharply between the two schedules: under the Fifth Schedule, the Governor has active administrative/legislative-modification powers; under the Sixth Schedule, most day-to-day law-making and administration is delegated to the elected Autonomous Councils, with the Governor retaining assent/approval powers for specific categories.

Additional Depth: Special Provisions for States (Part XXI, Articles 371–371J)

Beyond the Fifth/Sixth Schedules, several states have individually tailored special provisions under Articles 371–371J, addressing region-specific historical, cultural, or administrative concerns:

Article	State(s)	Key Feature
371	Maharashtra, Gujarat	Governor's special responsibility for separate development boards in certain regions
371A	Nagaland	Parliament's laws on religious/social practices, customary law, land/resource ownership do not apply unless the state Assembly so decides
371B	Assam	Special provision for a committee of the Assembly for tribal areas
371C	Manipur	Special provision for a committee of the Assembly for hill areas
371F	Sikkim	Special provisions following Sikkim's merger with India (1975), including seat reservations
371G	Mizoram	Similar to 371A — protection of religious/social practices, customary law
371H	Arunachal Pradesh	Governor's special responsibility for law and order
371I	Goa	(No major special discretionary provision — largely procedural)
371J	Karnataka (Hyderabad-Karnataka region)	Special developmental provisions for a specific region

Common Traps (Additional)

• Article 371A (Nagaland) and 371G (Mizoram) are often confused with the Sixth Schedule — they are separate, standalone special provisions, not part of the Sixth Schedule's Autonomous Council framework, even though both relate to tribal/customary law protection.
• These Article 371-series provisions were inserted via specific amendments tied to each state's accession/reorganization circumstances, not as a single uniform amendment.

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Solved Example (UPSC Prelims-Format MCQ)

Q1. Consider the following statements:

1. The Sixth Schedule of the Constitution applies to tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
2. Autonomous District Councils under the Sixth Schedule have the power to make laws on subjects such as land, forests, and inheritance.
3. The Fifth Schedule provides for elected Autonomous District Councils in all states with Scheduled Areas.

Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 only (d) 1, 2 and 3

Answer: (a) 1 and 2 only — Statement 3 is incorrect; the Fifth Schedule does not provide for elected Autonomous District Councils (that is a Sixth Schedule feature); Fifth Schedule areas are administered primarily through the Governor with an advisory Tribes Advisory Council.

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Practice Set (Exam-Format MCQs)

Q1. Which Constitutional Amendment gave the National Capital Territory of Delhi its own Legislative Assembly and Council of Ministers? (a) 61st Amendment (b) 69th Amendment (c) 73rd Amendment (d) 74th Amendment Answer: (b)

Q2. Which of the following subjects is EXCLUDED from the legislative competence of the Delhi Legislative Assembly? (a) Health (b) Education (c) Police (d) Transport Answer: (c) — Police, Public Order, and Land remain with the Union Government.

Q3. Under the Fifth Schedule, who has special responsibility for the administration of Scheduled Areas? (a) The President (b) The Governor of the concerned state (c) The Chief Minister (d) The Tribes Advisory Council Chairman Answer: (b)

Q4. The Sixth Schedule of the Constitution does NOT apply to which of the following states? (a) Assam (b) Meghalaya (c) Nagaland (d) Tripura Answer: (c) — Nagaland has special provisions under Article 371A, not the Sixth Schedule.

Q5. Which of the following Union Territories currently has its own legislature? (a) Chandigarh (b) Lakshadweep (c) Puducherry (d) Andaman and Nicobar Islands Answer: (c)

Q6. Which Article provides special protection for Nagaland's religious and social practices, customary law, and ownership/transfer of land and resources? (a) Article 370 (b) Article 371 (c) Article 371A (d) Article 371F Answer: (c)

Q7. Consider the following statements:

1. The Dadra and Nagar Haveli and Daman and Diu were merged into a single Union Territory in 2020.
2. Ladakh is a Union Territory with its own legislature.
3. Jammu and Kashmir is a Union Territory with a legislature.

Which of the statements given above is/are correct? (a) 1 and 3 only (b) 1 and 2 only (c) 2 and 3 only (d) 1, 2 and 3 Answer: (a) — Statement 2 is incorrect; Ladakh is a Union Territory without a legislature.

Q8. Under the Sixth Schedule, an Autonomous District Council can have a maximum of how many members? (a) 20 (b) 25 (c) 30 (d) 40 Answer: (c)

Q9. Which Article provides for special provisions related to Sikkim following its merger with India? (a) Article 371E (b) Article 371F (c) Article 371G (d) Article 371H Answer: (b)

Q10. A Tribes Advisory Council under the Fifth Schedule advises on: (a) Matters relating to Autonomous District Councils (b) The welfare and advancement of Scheduled Tribes in the state (c) The administration of Union Territories (d) Elections to the Rajya Sabha Answer: (b)

Q11. Which of the following states does NOT have Fifth Schedule Scheduled Areas? (a) Chhattisgarh (b) Jharkhand (c) Punjab (d) Odisha Answer: (c)

Q12. Article 371H, which provides for the Governor's special responsibility for law and order, applies to which state? (a) Manipur (b) Mizoram (c) Arunachal Pradesh (d) Nagaland Answer: (c)

Q13. Under Article 240, the President's power to make regulations applies to which of the following Union Territories? (a) Delhi (b) Puducherry (with a functioning Assembly) (c) Andaman and Nicobar Islands (d) Jammu and Kashmir Answer: (c)

Q14. Consider the following statements about the Sixth Schedule:

1. Autonomous District Councils can impose certain taxes.
2. Autonomous District Councils can constitute village courts for certain cases involving Scheduled Tribes.
3. All laws made by Autonomous District Councils require Presidential assent.

Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 Answer: (a) — Statement 3 is incorrect; certain categories of laws require the Governor's assent, not the President's.

Q15. Which Committee/Act extends Panchayati Raj provisions with modifications to Fifth Schedule Areas, granting Gram Sabhas greater powers? (a) PESA, 1996 (b) The Forest Rights Act, 2006 (c) The Land Acquisition Act, 2013 (d) The Fifth Schedule (Amendment) Act, 1996 Answer: (a)

Q16. The National Capital Territory of Delhi's Legislative Assembly cannot legislate on which of the following?

1. Land
2. Health
3. Police
4. Public Order

(a) 1, 3 and 4 only (b) 1 and 3 only (c) 3 and 4 only (d) All four Answer: (a)

Q17. Article 239AB, dealing with failure of constitutional machinery in the NCT of Delhi, is analogous to which Article applicable to states? (a) Article 352 (b) Article 356 (c) Article 360 (d) Article 365 Answer: (b)

Q18. Consider the following statements about Article 239A:

1. It empowers Parliament to create a legislature for certain Union Territories.
2. It was originally introduced with Puducherry in mind.

Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer: (c)

Q19. Which of the following is an example of an "extra-constitutional" arrangement rather than a Fifth/Sixth Schedule mechanism for tribal welfare? (a) Autonomous District Councils (b) Tribes Advisory Council (c) Ministry of Tribal Affairs' welfare schemes (d) Article 244 provisions Answer: (c) — The Ministry is an executive/administrative body, not a Schedule-based constitutional mechanism.

Q20. How many Union Territories does India currently have (post the 2019–2020 reorganizations)? (a) 6 (b) 7 (c) 8 (d) 9 Answer: (c)

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Chapter 5 Quick Revision Sheet

• UT Administration: Article 239 (President via Administrator/Lt. Governor); Article 239AA (Delhi's special status, 69th Amendment, 1991 — Assembly + CM, but no Police/Public Order/Land); only Delhi, Puducherry, and J&K currently have legislatures among UTs.
• Fifth Schedule: Governor-centric administration for Scheduled Areas in most states (not Assam/Meghalaya/Tripura/Mizoram); advisory Tribes Advisory Council; no elected autonomous councils with legislative power.
• Sixth Schedule: Applies only to Assam, Meghalaya, Tripura, Mizoram; creates elected Autonomous District/Regional Councils with real legislative, judicial, and financial powers over specified subjects.
• Nagaland (Art. 371A) and Manipur (Art. 371C) have their own special provisions — distinct from the Sixth Schedule, a common confusion point.