Elections to the Legislative Assemblies of Kerala and Assam, and the union territory (UT) of Puducherry, commenced on Thursday (April 9).Despite its UT status, Puducherry has a legislative assembly and a chief minister. This is a distinction it shares with only two other UTs in India. We explain how this came to be, and what it means for governance.Union territories are governed under Part VIII of the Constitution, comprising Articles 239 to 242. This section entrusts the administration of UTs to the Indian President, via appointed administrators. Thus, most UTs, including Chandigarh, Daman & Diu and Dadra & Nagar Haveli, and the island territories of the Andaman & Nicobar and Lakshadweep, have no elected legislature, and are governed by administrators.However, the passage of the Government of Union Territories Act 1963 constituted Puducherry as a UT, and provided it with a legislature.The Treaty of Cession, which established the de jure, or formal legal transfer, of the territories of Puducherry, Yanam, Mahe and Karaikal from France to India was signed on May 28, 1956. In practice, India enjoyed de facto or administrative control of Puducherry since November 1, 1954. However, this treaty was not legally ratified until August 1962. Map of Puducherry, including Mahe, Yanam and KaraikalThe administrative distinction of providing Puducherry with a legislature reflected India’s commitment to the Treaty while continuing the French practice of maintaining Puducherry’s representative assembly. This special status is enshrined in Article 239A, which provides for local legislatures and a council of ministers in Puducherry.Only two other UTs presently enjoy similar representative status: Delhi since 1992, and Jammu and Kashmir since 2019.Story continues below this adDelhi as the National Capital TerritoryDelhi was elevated to the status of National Capital Territory (NCT) under the Constitution (69th Amendment) Act, 1991, which came into force in 1992. The Act introduced Article 239AA, which provides for a legislative assembly, with the power to make laws on subjects in the state and concurrent lists, barring public order, police and land.In contrast, Puducherry’s legislature enjoys a broader scope of powers, with no such subject restrictions. However, it is subject to parliamentary scrutiny: Article 246(4) empowers Parliament to legislate on any subject for any Union Territory, regardless of whether it falls under the State or Concurrent List. Thus, if a conflict arises between a law passed by the Puducherry Legislative Assembly and the Parliament, the parliamentary law will prevail.Also Read | Assam, Kerala, Puducherry Assembly Elections 2026: How to check Voter List, and Polling StationArticle 240 of the Constitution empowers the President to make regulations for Puducherry, but only when its assembly is dissolved or suspended, not when the legislature is functional. However, if the NCT administration cannot be carried on according to constitutional provisions, Article 239AB would be invoked, allowing the President to suspend Article 239AA and impose President’s rule.The NCT’s powers are subject to review and overrule by the President and the Lieutenant-Governor (LG) of Delhi, who enjoys discretionary power in some subjects. In Puducherry, however, there is no comparable constitutional provision, and the Council of Ministers holds greater sway.Story continues below this adJammu and Kashmir since 2019In 2019, Article 370 of the Constitution, which granted the erstwhile state of Jammu and Kashmir special status, was abrogated. In its place came the 2019 Jammu and Kashmir Reorganisation Act, which bifurcated the former state into two UTs: Jammu & Kashmir, with a legislature, and Ladakh, without a legislature.In practice, the J&K UT enjoys significantly less legislative autonomy compared to Puducherry. Section 32 of the Act allows the J&K assembly to legislate on subjects in the State list, barring public order and police, which remain under the LG’s control.Section 53 of the Act grants the LG discretionary authority over subjects beyond the assembly’s legislative purview, such as the All India Services. Moreover, Section 36 of the Act mandates that the LG recommend in advance any bill involving financial obligations before it can be introduced in the assembly. In practice, this gives the LG exceptional control over day-to-day financial business, far beyond what applies in Delhi or Puducherry.