Understanding The Federal Structure of India and The Role of Union Territories in the Structure

Posted by Legalopedia on December 31, 2021

In the constituent assembly debates, Dr Ambedkar stated -

“Our constitution is both unitary as well as federal according to the requirement of time and circumstances”

The nature of federal structure envisioned by our constitution makers for India was “Quasi federal state with an Asymmetric Federalism”. This type of federalism is also interpreted as “Pragmatic Federalism”. The Supreme Court in through its judgements has defined Pragmatic federalism as

“is a form of federalism which incorporates the traits and attributes of sensibility and realism”1

Further stated,

“It is useful to state that pragmatic federalism has the inbuilt ability to constantly evolve to changing needs and situations. It is this dynamic nature of pragmatic federalism which makes it apt for a body polity like ours to adopt. The foremost object of the said concept is to come up with innovative solutions to problems that emerge in a federal setup of any kind,”2

QUASI-FEDERAL STRUCTURE

This was because they did not envisage Indian federation as pre-existing states coming together to form a federation, but rather desired a nation with a strong centre holding different states together. Therefore to attain the desired goal while keeping up with the federal spirit, constitution makers

  1. Kept the federal structure intact.
  2. But constructed a stronger Centre or Union with the power to place/treat each state differently in reference to its respective nature and circumstances.
  3. Drew up the lists of legislative competence which allocates matters around which the respective bodies are allowed/competent to legislate.

To symbolise the stronger centre, the Indian constitution through Article 246 inherently marks a hierarchy within the lists of legislative competence provided to the centre and the state.

  1. Art 246(1) using a non-obstante clause provides exclusive powers to union to legislate with respect to any matter enumerated in list I (even if such matters are simultaneously mentioned under other lists)
  2. Art 246(2) again using an non-obstante clause, provides the Centre precedence over the State in legislating matters enumerated in the concurrent list.
  3. While, Article 246(3) provides the exclusive power to the state to legislate with the matters enumerated in state list subject to union List.
  4. And finally, Art 246(4) vests the centre with the power to legislate on residuary matters not envisaged in any lists.

LEGISLATIVE HIERARCHY

Union legislation with respect to Union list Union legislation with respect to Residuary matters Exclusive Power
Union legislation with respect to Concurrent list Precedence in a shared power
State legislation with respect to Concurrent list State legislation with respect to State list Exclusive powers subject to the powers above

STATUS OF UNION TERRITORIES

Union territories has been an exception to the federal structure of India. They take a unique position owing to several reasons such as their history, strategic positioning, cultural diversities etc.

HISTORY

On gaining independence, the land mass of the country was divided into four categories -

  1. Part A – former British India provinces governed and administered by a governor and a legislature. These land masses later transformed into states of India.
  2. Part B – the former Princely states administered by monarchs and zamindars.
  3. Part C - Chief Commissioners' provinces and some princely states that were governed by Chief Commissioner. These later formed the major part of union territories. The chief commissioner directly answered to the Governor General and viceroy.
  4. Part D - Territory of Andaman and Nicobar Islands that was governed by a Lieutenant Governor who was appointed by the Central Government.

The States reorganization act was passed creating separate states within India in 1956, upon which the land masses under Part C and D were combined to form the initial set of 6 union territories. And later several other conjoint landmasses such as Puducherry, Daman Diu, Dadra Haveli under various other imperial rulers such as French, Portuguese etc. gained independence. They were due to their cultural differences were given unique status of a union territory.

CENTRE AND UNION TERRITORY

Primarily because the chief commissioners reported to the crown, the constitution makers envision the control over the union territory to be given to the Centre. Following this intention, the constitution under (Part VIII) article 239 provides for an Administrator/Lieutenant Governor appointed by the president to be the head of the executive of the union territory. The status and owners of president through Lieutenant governor differs from territory to territory. Article 240 provides the president the power to make regulations for the peace, progress, and good government of the Union territory of the Andaman and Nicobar Islands; Lakshadweep; Dadra and Nagar Haveli; Daman and Diu; and Puducherry. While the constitution also provides for certain U.Ts such as Delhi and Puducherry to have their own legislatures wherein the president shall have the power to legislate only when the assembly is suspended.

Supreme Court through several decisions such as Devji Vallabhai Tandel and ors vs Adminstrator of Goa, Daman and Diu and ors3 has declared the supremacy of the centre in case of a rise of conflict between the governor and the council of ministers.

UNIQUE POSITION OF NCT OF DELHI

NCT of Delhi has a very special position among other union territory as it being the capital region. As an exception to the general rule of supremacy of the Centre with regard to the administration of U.Ts, the Supreme Court in the case - Government of NCT of Delhi vs UOI and Ors4 declared the special status of Delhi and held Lt governor is under the obligation to merely assist the legislature.

CONCLUSION

Therefore it can be inferred that the power to legislate in a union territory regarding any matters enumerated in the seventh schedule generally lies with the centre with certain exceptions. Union Territories take a unique position in the federal structure of India.

1 Government of NCT of Delhi vs. Union of India (UOI) and Ors. (2018) 8 SCC 501

2 Ibid

3 1982 AIR 1029, 1982 SCR (3) 553

4 (2018) 8 SCC 501