The Constitution of India
Article 239
Administration of Union territories
(1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.
(2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.
Why this exists
India's Union territories are small, diverse regions (Chandigarh, Andaman & Nicobar, Lakshadweep, etc.) that don't have full statehood. The Constitution's framers gave the central government direct control over them through the President, since many were newly acquired, strategically sensitive, or too small for full-fledged state governments. Article 239 also allows administrative efficiency by letting a neighboring state's Governor double up as administrator, avoiding the need for a separate official for tiny territories like Chandigarh.
How courts read it
Courts have mostly clarified how Article 239 fits with related provisions rather than reinterpreting its core text. In cases involving Delhi (which has the special Article 239AA), the Supreme Court—including in NCT of Delhi v. Union of India (2018)—distinguished ordinary Union territories under Article 239 from Delhi's unique partly-elected structure, holding that Delhi's administrator (Lieutenant Governor) must generally act on the aid and advice of its Council of Ministers, unlike administrators of other Union territories who report directly to the President.
Common misconceptions
- Myth: All Union territories are run exactly the same way, with no differences.
Fact: Article 239 sets the general default rule, but Parliament can and does create different arrangements for specific territories, like Delhi (Article 239AA) and Puducherry (Article 239A), which have their own legislatures and elected governments. - Myth: A Governor acting as a Union territory's administrator must follow the same state Council of Ministers' advice as usual.
Fact: Article 239(2) specifically says that when a Governor acts as administrator of an adjoining Union territory, he does so independently of his state's Council of Ministers.