Union Territories, Scheduled Areas & Tribal Areas

1. Administration of Union Territories — Arts 239–241

1.1 Art. 239 — General Administration

Every Union Territory shall be administered by the President acting through an Administrator appointed by the President. The designation of the Administrator varies:

1.2 Art. 239A — Local Legislatures for Certain UTs

Parliament may by law create a legislature (body of legislature or council of ministers or both) for certain Union Territories. This provision was used to create the legislature for Puducherry (1963). Puducherry has a Legislative Assembly with 30 elected members and 3 nominated members; it can legislate on subjects in the State and Concurrent Lists (subject to central override).

1.3 Art. 239AA — Special Provisions for Delhi (NCT)

Inserted by the 69th Constitutional Amendment Act, 1991 — this is the most tested article for Delhi NCT:

• Delhi redesignated as the National Capital Territory (NCT) of Delhi.
• Has both a Lt. Governor (appointed by President) and an elected Legislative Assembly with 70 seats.
• The Legislative Assembly can make laws on all subjects in the State and Concurrent List EXCEPT:
  • Public Order (Entries 1 & 2 of State List)
  • Police (Entry 2 of State List)
  • Land (Entry 18 of State List)
• For matters in the three excepted subjects, only Parliament can legislate for Delhi.
• Art. 239AA(4): If there is a difference of opinion between the LG and the Council of Ministers on any matter, the LG shall refer it to the President for decision — the LG is not bound by the advice of the Council of Ministers on such referred matters.

1.4 Art. 239AB — Suspension of Constitutional Government in UT

If the President is satisfied that the administration of a UT with a legislature cannot be carried on in accordance with the provisions of the Constitution, the President may by order suspend the operation of any provision relating to the legislature or Council of Ministers and assume direct administration. This is analogous to Art. 356 (President's Rule in states) but applies to UTs with legislatures. No parallel Rajya Sabha role here — Parliament's approval is required within 2 months.

1.5 Art. 240 — President's Power to Make Regulations

The President may make regulations for the peace, progress and good government of the following UTs (which do not have legislatures of their own):

• Andaman & Nicobar Islands
• Lakshadweep
• Dadra & Nagar Haveli and Daman & Diu
• Chandigarh
• Ladakh (after J&K Reorganisation Act 2019)

Such regulations have the force of an Act of Parliament and can extend, modify, or repeal any Act of Parliament or any existing law in force in the territory.

1.6 Art. 241 — High Courts for UTs

Parliament may by law constitute a High Court for a UT or declare any court in the UT to be a High Court. Currently:

• Delhi High Court — serves Delhi NCT
• Puducherry falls under Madras High Court jurisdiction
• J&K has its own High Court (at Srinagar, with a bench at Jammu) — also serves Ladakh
• Andaman & Nicobar — Calcutta High Court; Lakshadweep — Kerala High Court; Chandigarh — Punjab & Haryana High Court; D&NH+DD — Bombay High Court

2. The 8 Union Territories — Current List

3. Delhi NCT — Art. 239AA: Special Provisions

3.1 Background — 69th Constitutional Amendment 1991

Before 1991, Delhi was a UT with a Metropolitan Council (no legislature). The Sarkaria Commission and S.K. Sinha Committee recommended a full legislature. The 69th Amendment (effective 1 February 1992) inserted Arts. 239AA and 239AB, redesignated Delhi as the National Capital Territory and created its Legislative Assembly.

3.2 Key Features of Art. 239AA

• Designation: Delhi is called the National Capital Territory (not just a UT).
• Dual administration: Both the Lt. Governor (representing Centre) and the Council of Ministers (representing elected government) have roles.
• Legislative Assembly: 70 elected members; can pass laws on State List and Concurrent List subjects — EXCEPT Public Order, Police, and Land.
• Council of Ministers: Delhi has a CM and CoM — collectively responsible to the Legislative Assembly.
• Art. 239AA(4) — Conflict Resolution: If the LG and the Council of Ministers differ on any matter, the LG shall refer it to the President whose decision is final. Pending the President's decision, the LG can act in the matter if urgent.
• Parliament's overriding power: Parliament can make laws for Delhi on any subject in any List (State, Concurrent, or Union) — Delhi's legislature cannot override Parliament.

3.3 Key Supreme Court Judgments on Delhi NCT

3.4 GNCTD Amendment Act 2023 — Centre vs Delhi Tussle

The Government of National Capital Territory of Delhi (Amendment) Act, 2023 was passed by Parliament in August 2023. Key features:

• Creates a National Capital Civil Service Authority (NCCSA) — consisting of the Chief Minister (as chair), Chief Secretary, and Principal Home Secretary.
• Decisions of the NCCSA on transfers, postings, vigilance of Group A officers are by majority — but the LG's decision is final in case of disagreement.
• In effect, this overrides the SC's May 2023 Constitution Bench judgment by restoring Centre/LG control over Services.
• Criticized as an executive override of a constitutional court judgment; Delhi CM challenged it; case pending in SC.

3.5 Ongoing LG vs CM Friction Areas

4. Delhi NCT — LG vs CM Powers (Diagram)

5. Fifth Schedule — Scheduled Areas (Art. 244(1))

5.1 What are Scheduled Areas?

Scheduled Areas are areas with a predominantly tribal (ST) population, notified by the President under the Fifth Schedule of the Constitution. Art. 244(1) provides that the Fifth Schedule shall apply to the administration and control of Scheduled Areas and Scheduled Tribes in any state other than the states covered by the Sixth Schedule (Assam, Meghalaya, Tripura, Mizoram).

5.2 States with Scheduled Areas (10 States)

5.3 Governor's Special Powers in Scheduled Areas

The Governor has special constitutional responsibilities under the Fifth Schedule:

• The Governor may by public notification direct that any Act of Parliament or the State Legislature shall not apply to a Scheduled Area, or shall apply with specified modifications.
• The Governor may make regulations for the peace and good government of any area in a state declared as a Scheduled Area — including regulations prohibiting or restricting the transfer of land by or among members of STs.
• The Governor must annually submit a report to the President regarding the administration of Scheduled Areas in the state.
• The President may increase, decrease, or alter boundaries of Scheduled Areas — Governor's recommendation required.

5.4 Tribal Advisory Council (TAC)

Every state with Scheduled Areas (and any state with a significant ST population, if the President so directs) must have a Tribal Advisory Council (TAC):

• Consists of not more than 20 members — three-fourths of whom shall be representatives of STs in the State Legislature.
• TAC advises the Governor on matters relating to the welfare and advancement of Scheduled Tribes.
• TAC's advice is consultative — the Governor is not bound to act on it, but must consider it.
• It is NOT an elected body — members are drawn from the state legislature.

6. PESA Act 1996 — Panchayats Extension to Scheduled Areas

6.1 Background

The 73rd Amendment 1992 extended Panchayati Raj institutions to India, but it specifically excluded Scheduled Areas from its ambit (Art. 243M). The Bhuria Committee Report (1995) recommended extending Panchayati Raj to Scheduled Areas with tribal-specific safeguards. Based on this, Parliament passed the Panchayats (Extension to Scheduled Areas) Act, 1996 — popularly known as PESA.

6.2 Key Features of PESA 1996

• Gram Sabha as the foundation: The Gram Sabha (village assembly of all adult members) is the core unit — it must be consulted before any decision affecting the village. This is stronger than in non-tribal areas where the Gram Sabha has only advisory powers.
• State laws must be compatible: State legislation on Panchayats in Scheduled Areas must be in conformity with the customary law, social and religious practices, and traditional management practices of the community.
• Mandatory powers of Gram Sabha:
  • Safeguard and preserve traditions, customs, cultural identity, and community resources.
  • Mandatory consultation before land acquisition for development projects.
  • Mandatory approval for resettlement and rehabilitation.
  • Control over money-lending, liquor sale, and minor forest produce.
  • Power to manage minor water bodies, minor minerals.
• Reservation: Chairpersons of Panchayats at all levels in Scheduled Areas shall be STs; seats reserved in proportion to tribal population.
• Tribal self-governance: PESA operationalises the concept of tribal self-governance (self-rule) — tribals have a say over natural resources in their areas.

6.3 PESA vs FRA — Comparison

7. Sixth Schedule — Tribal Areas (Art. 244(2))

7.1 Constitutional Basis

Art. 244(2) provides that the Sixth Schedule shall apply to the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram. Art. 275(1) provides for grants-in-aid from the Consolidated Fund of India to states for promoting the welfare of Scheduled Tribes, including for raising the level of administration of Scheduled Areas.

7.2 Why Sixth Schedule Instead of Fifth?

The North-East tribal communities had a more developed tradition of self-governance, customary law, and political autonomy. The Bordoloi Committee (1947) recommended a different model — instead of giving the Governor regulatory powers (Fifth Schedule model), actual legislative and executive power was devolved to Autonomous District Councils (ADCs).

7.3 States and Tribal Areas under Sixth Schedule

8. Autonomous District Councils (ADCs) — Powers & Functions

8.1 Structure of ADCs

• Each ADC consists of not more than 30 members — of which not more than four can be nominated by the Governor; the rest are elected.
• The Governor can also constitute Autonomous Regions within a district, with their own Regional Councils.
• Term: 5 years (unless dissolved earlier by the Governor).
• The Governor can dissolve an ADC on the recommendation of a Commission of Inquiry.

8.2 Legislative Powers of ADCs

ADCs can make laws on the following subjects (subject to Governor's assent, and Parliament's/State Legislature's override):

• Management of land other than reserve forests
• Use of waterways and regulation of shifting cultivation
• Establishment of village and town administration
• Regulation of money-lending, trading by non-tribals
• Social customs and practices of tribal communities
• Marriage and divorce among tribals (customary law)

8.3 Judicial Powers of ADCs

ADCs have their own courts for trial of certain suits and cases between parties all of whom are members of Scheduled Tribes — with certain limitations:

• Can try cases where both parties are tribal — but not cases involving offences punishable with death, transportation, or imprisonment of 5 years or more (those go to the High Court).
• The Governor may confer on ADC courts the power to try cases where one party is tribal and the other is not — with the consent of the High Court.

8.4 Bodoland Territorial Council — Special Case

The Bodoland Territorial Council (BTC) — also called Bodoland Territorial Region (BTR) — was created by the Bodoland Accord 2003 (Memorandum of Settlement between Government of India, Government of Assam, and Bodo Liberation Tigers). The BTC is covered under the Sixth Schedule and has special powers:

• Covers 4 districts: Kokrajhar, Chirang, Baksa, Udalguri.
• BTC has 46 members (42 elected, 4 nominated).
• Has legislative, executive, and financial powers over 46 specified subjects.
• Bodoland Accord 2020: A new peace agreement between the Centre, Assam government, and National Democratic Front of Bodoland (NDFB) factions — strengthened BTC powers and included new welfare measures for the Bodo community.

9. Fifth Schedule vs Sixth Schedule — Comparison

10. Current Affairs — UTs, Scheduled & Tribal Areas (2020–2026)

10.1 J&K Reorganisation — October 2019

• Art. 370 abrogated by Presidential Order on 5 August 2019; Art. 35A lapsed simultaneously.
• J&K Reorganisation Act, 2019 bifurcated J&K state into two UTs: (a) J&K UT (with legislature), (b) Ladakh UT (without legislature), effective 31 October 2019.
• J&K's own Constitution and Penal Code (Ranbir Penal Code) ceased to operate; IPC, CrPC now apply.
• SC judgment (Dec 2023): 5-judge Constitution Bench upheld abrogation of Art. 370; directed Centre to restore statehood to J&K at the earliest — statehood restoration pending as of 2026.

10.2 D&NH + Daman & Diu Merger — January 2020

• The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019 merged the two UTs into one — effective 26 January 2020.
• India's total UT count reduced from 9 to 8.

10.3 GNCTD Amendment Act 2023 — Delhi Services Controversy

• SC Constitution Bench (3:2) ruled in May 2023 that Delhi government has control over Services (IAS/IPS cadre).
• Parliament passed GNCTD (Amendment) Act in August 2023 creating NCCSA — effectively overriding the SC ruling.
• Delhi government challenged the Act; SC admitted the challenge; constitutional validity pending.
• Broader question: Can Parliament use its legislative authority over UTs (Art. 239AA) to negate a specific SC interpretation of that same Article?

10.4 Bodoland Accord 2020

• Signed on 27 January 2020 between Centre, Assam Government, and NDFB factions (All Bodo Students' Union).
• Key features: Bodo community granted recognition under Sixth Schedule; enhanced powers to Bodoland Territorial Council; creation of a Bodo Welfare Council; reservation of seats in Assam Legislative Assembly for Bodos; Rs 1,500 crore development package.
• Significance: Ended three decades of Bodo insurgency; model for similar tribal accords.

10.5 Ladakh Statehood Demand and Sixth Schedule for Ladakh

• Multiple Ladakhi political groups (including the Leh Apex Body and Kargil Democratic Alliance) have demanded: (a) restoration of full statehood, and (b) inclusion of Ladakh under the Sixth Schedule to protect tribal rights (tribals constitute ~97% of Ladakh's population).
• As of 2026, neither demand has been met. The Centre has offered a consultative forum but no constitutional guarantee.
• This is an emerging Mains question area — how should the Centre balance national security imperatives (Ladakh as a border UT) with tribal rights protections?

10.6 Forest Rights Act 2006 — Implementation Challenges

• FRA recognizes individual and community forest rights of tribals in forest areas.
• As of 2025: Over 20 lakh titles distributed — but rejection rates remain high (over 40% of claims rejected).
• Supreme Court has periodically addressed FRA implementation — eviction orders, gram sabha consent for diversion, mining in tribal forests.
• FRA + PESA together form the legal bulwark for tribal rights — both must be read with the Fifth Schedule to understand the full tribal governance framework.

11. Prelims PYQs

12. Mains PYQs

13. 15-Minute Revision Box