Context: Elections to the Puducherry Legislative Assembly have highlighted how its governance structure as a Union Territory differs from that of Delhi and Jammu & Kashmir. The differences mainly relate to distribution of powers between the elected government and the Lieutenant Governor, and the extent of legislative autonomy.
- Constitution (Part VIII) provides framework for administration of Union Territories (UTs), governed by President through an Administrator/Lieutenant Governor (LG) under Article 239.
- Most UTs lack legislatures, but Puducherry, Delhi, and J&K have elected assemblies with varying powers.
- Puducherry’s status originates from Treaty of Cession (1956); governance is based on Article 239A and Government of UT Act, 1963.
- Its legislature can make laws on State and Concurrent Lists, but Parliament retains overriding authority.
- In K. Lakshminarayanan v. Union of India (2019), Supreme Court held that LG is bound by aid and advice of Council of Ministers in routine matters, limiting arbitrary discretion.
- However, LG can still intervene in exceptional cases and refer matters to President.
- Delhi operates under Article 239AA, granting legislative powers but excluding public order, police, and land.
- After Jammu & Kashmir Reorganisation Act, 2019, this Act, J&K became UT with legislature & Ladakh became UT without legislature, directly administered by Centre.
- Overall, UTs reflect asymmetrical federalism, balancing elected governance with strong central control.
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