How States, Union Territories and Union Territory like Delhi differ administratively.
Every day we hear the confliction in the administration of Delhi, let's understand the difference in administration of a state, a Union Territory and a union territory with special status like Delhi.
The seventh schedule of the Indian Constitution contain three lists - Union list, State list and Concurrent list. This is how the constitution divide power between centre and State. Centre can make laws on all the subjects in Union list, Concurrent list, and states can make laws on all the subjects in state list and Concurrent list. So centre and State both can make laws on subjects in Concurrent list, but in case of conflict, the central law will prevail. The residuary subjects ( subjects which are not mentioned in any of the three lists) are given to the centre.
Governor is the head of a state and not an agent of President. But an administrator of a union territory is an agent of the president and not head of state like governor. Every union territory is administered by the President acting through an administrator appointed by him.
Article 239 to 241 in Part VIII of the Indian Constitution deal with the union territories.
The President specify the designation of an administrator, it may be Lieutenant Governor, Chief commissioner or Administrator.
Two union territories - Delhi in 1992 and Puducherry in 1963 are provided with legislative assembly and a council of ministers headed by a chief minister.
The Parliament can make laws on any subject of three lists including State list for union territories, this is also for Delhi and Puducherry. ( In case of a state the Parliament can not make laws on subjects in State list.). The legislative assembly of Puducherry can also make laws on any subject in state list and the concurrent list. The legislative assembly of Delhi can also make laws on any subject in the state list except public order, police and land and on all subjects in the concurrent list.
The CM of Delhi is appointed by the President and not by the Lt. Governor. It is elected by the people of Delhi but appointed by the President. The other ministers are also appointed by the President on the advice of the chief minister. The Delhi ministers hold office during the pleasure of the president.
The council of ministers headed by CM aid and advice the Lt Governor in exercise of his functions except when he/ she is required to act in his discretion. In case of difference of opinion between CM and Lt. Governor, the Lt. Governor is to farward the matter to the President for decision and act accordingly.
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