As Puducherry votes, how its status as a Union Territory differs from Delhi, J&K, Pg16
Puducherry elections spotlight UT governance differences: Delhi's power struggles, J&K's limited autonomy, and Puducherry's unique legislative history explained.
Elections commenced in the Union Territory of Puducherry along with Kerala and Assam.
Puducherry, Delhi, and Jammu & Kashmir are the only UTs with their own Legislative Assemblies and Chief Ministers.
Delhi was designated as the National Capital Territory (NCT) through the Constitution (69th Amendment) Act, 1991, which introduced Article 239AA.
In 2019, Article 370 was abrogated, and the Jammu and Kashmir Reorganisation Act, 2019 created two UTs: Jammu & Kashmir (with a legislature) and Ladakh (without a legislature).
Detailed Insights:
Puducherry was established as a UT with a legislature through the Government of Union Territories Act, 1963, following the formal transfer from France in 1962 and is governed by Article 239A.
The Lieutenant-Governor (L-G) in Delhi and the elected government have a historically contested division of powers, with ongoing disputes over control of "services" and the extent of the L-G's authority.
Article 246(4) grants Parliament the power to legislate on any subject for any Union Territory, meaning that parliamentary law prevails in conflicts with laws passed by the Puducherry Legislative Assembly.
The Supreme Court clarified in KK Lakshminarayanan v. Union of India (2019) that the Puducherry L-G is generally bound by the advice of the Council of Ministers, limiting independent authority in routine administration.
Jammu & Kashmir's legislative autonomy is significantly less than Puducherry's, with the L-G maintaining control over public order, police, bureaucracy, and financial matters, as defined by the Jammu and Kashmir Reorganisation Act.
Key Concepts Involved:
Union Territory: A type of administrative division in India directly governed by the Central Government.
Legislative Assembly: A body of elected representatives with the power to make laws for a specific region.
Lieutenant-Governor: The administrator of a Union Territory, appointed by the President of India.