Union Territories, Scheduled Areas and Special Provisions

Union Territories: Status, Categories and Administration

The Basics

A union territory is an area placed under the direct control of the Central government. Unlike a state, it does not share power with the Centre. Article 1 divides Indian territory into three parts: territories of the states, union territories, and territories that may be acquired later. Because the Centre runs them directly, union territories are called a departure from federalism. Their relationship with the Centre is unitary, not federal.

Delhi: Special Constitutional Status (NCT)

The Basics

Delhi is a Union Territory that was given a special, partly state-like status through Article 239AA. This was inserted by the 69th Constitutional Amendment Act of 1991. This provision renamed Delhi the National Capital Territory of Delhi. It renamed the administrator the Lieutenant Governor. It created an elected Legislative Assembly and a Council of Ministers. No other Union Territory has this arrangement.

Scheduled Areas: Fifth Schedule Administration

The Basics

Scheduled Areas are specific tribal-majority regions, inside ordinary states, given a special system of administration under the Fifth Schedule of the Constitution. Their purpose is to protect the interests of Scheduled Tribes, by preserving their autonomy, culture and land, and by shielding them from social injustice and exploitation. The Fifth Schedule applies to any state except Assam, Meghalaya, Tripura and Mizoram, which instead have tribal areas governed by the Sixth Schedule.

Tribal Areas: Sixth Schedule Administration

The Basics

The Sixth Schedule lets certain tribal communities in the Northeast govern themselves. They do so through their own elected councils, instead of ordinary district rule. In simple terms, it is a system of tribal self-rule built into the Constitution for four north-eastern states.

Article 244A: Autonomous State within Assam

The Basics

Article 244A allows Parliament to form an autonomous state within Assam. This autonomous state is carved from certain tribal areas already under the Sixth Schedule. It can be given its own legislature, its own council of ministers, or both. This makes it far more powerful than an ordinary Sixth Schedule district or regional council.

Special Provisions for Certain States (Article 371 Series)

The Basics

Articles 371 to 371J, placed in Part 21 of the Constitution (titled 'Temporary, Transitional and Special Provisions'), give special treatment to twelve states, overriding the general rules that apply to states as a class. The Constitution did not originally contain these provisions; they were added over time through amendments, whenever a state was reorganised or given statehood, to meet backward regions' aspirations, protect tribal culture and land, handle disturbed law and order, or protect local people's interests in jobs and education.

Special Provisions for SC/ST/OBC and Other Classes

Note coming soon.