8Part VIII (A:239-242): The Union Territories
· Article 239 :
Administration of Union territories
[239. (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.]*
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* Subs. by s. 17, ibid., for arts. 239 and 240
· Article 239A :
Creation of local Legislatures or Council of Ministers or both for certain
Union territories
[239A. (1)
Parliament may by law create [for the Union territory of [Puducherry]***]**-
(a) a body, whether elected or partly nominated and partly elected, to function
as a Legislature for the Union territory, or
(b) a Council of Ministers,
or both with such constitution, powers and functions, in each case, as may be
specified in the law.
(2) Any such law as is referred to in clause (1) shall not be deemed to be an
amendment of this Constitution for the purposes of article 368 notwithstanding
that it contains any provision which amends or has the effect of amending this
Constitution.]*
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* Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 4
** Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s.
63, for "for any of the Union territories of Goa, Daman and Diu and
Pondicherry"(w.e.f. 30-5-1987)
*** Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4,
for "Pondicherry" (w.e.f. 1-10-2006)
· Article 239AA :
Special provisions with respect to Delhi
*[239AA. (1) As
from the date of commencement of the Constitution (Sixty-ninth Amendment) Act,
1991, the Union territory of Delhi shall be called the National Capital
Territory of Delhi (hereafter in this Part referred to as the National Capital
Territory) and the administrator thereof appointed under article 239 shall be
designated as the Lieutenant Governor.
(2) (a) There shall be a Legislative Assembly for the National Capital Territory
and the seats in such Assembly hall be filled by members chosen by direct
election from territorial constituencies in the National Capital Territory.
(b) The total number of seats in the Legislative Assembly, the number of seats
reserved for Scheduled Castes, the division of the National Capital Territory
into territorial constituencies (including the basis for such division) and all
other matters relating to the functioning of the Legislative Assembly shall be
regulated by law made by Parliament.
(c) The provisions of articles 324 to 327 and 329 shall apply in relation to
the National Capital Territory, the Legislative Assembly of the National
Capital Territory and the members thereof as they apply, in relation to a
State, the Legislative Assembly of a State and the members thereof
respectively; and any reference in articles 326 and 329 to "appropriate
Legislature" shall be deemed to be a reference to Parliament.
(3) (a) Subject to the provisions of this Constitution, the Legislative
Assembly shall have power to make laws for the whole or any part of the
National Capital Territory with respect to any of the matters enumerated in the
State List or in the Concurrent List in so far as any such matter is applicable
to Union territories except matters with respect to Entries 1, 2 and 18 of the
State List and Entries 64, 65 and 66 of that List in so far as they relate to
the said Entries 1, 2 and 18.
(b) Nothing in sub-clause (a) shall derogate from the powers of Parliament
under this Constitution to make laws with respect to any matter for a Union
territory or any part thereof.
(c) If any provision of a law made by the Legislative Assembly with respect to
any matter is repugnant to any provision of a law made by Parliament with
respect to that matter, whether passed before or after the law made by the
Legislative Assembly, or of an earlier law, other than a law made by the
Legislative Assembly, then, in either case, the law made by Parliament, or, as
the case may be, such earlier law, shall prevail and the law made by the
Legislative Assembly shall, to the extent of the repugnancy, be void:
Provided that if any such law made by the Legislative Assembly has been
reserved for the consideration of the President and has received his assent,
such law shall prevail in the National Capital Territory:
Provided further that nothing in this sub-clause shall prevent Parliament from
enacting at any time any law with respect to the same matter including a law
adding to, amending, varying or repealing the law so made by the Legislative
Assembly.
(4) There shall be a Council of Ministers consisting of not more than ten per
cent. of the total number of members in the Legislative Assembly, with the
Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise
of his functions in relation to matters with respect to which the Legislative
Assembly has power to make laws, except in so far as he is, by or under any
law, required to act in his discretion:
Provided that in the case of difference of opinion
between the Lieutenant Governor and his Ministers on
any matter, the Lieutenant Governor shall refer it to the
President for decision and act according to the decision
given thereon by the President and pending such decision
it shall be competent for the Lieutenant Governor in any
case where the matter, in his opinion, is so urgent that
it is necessary for him to take immediate action, to take
such action or to give such direction in the matter as he
deems necessary.
(5) The Chief Minister shall be appointed by the President and other Ministers
shall be appointed by the President on the advice of the Chief Minister and the
Ministers shall hold office during the pleasure of the President.
(6) The Council of Ministers shall be collectively responsible to the Legislative
Assembly.
[(7) (a)]** Parliament may, by law, make provisions for giving effect to, or
supplementing the provisions contained in the foregoing clauses and for all
matters incidental or consequential thereto.
[(b) Any such law as is referred to in sub-clause (a) shall not be deemed to be
an amendment of this Constitution for the purposes of article 368
notwithstanding that it contains any provision which amends or has the effect
of amending, this Constitution.]***
(8) The provisions of article 239B shall, so far as may be, apply in relation
to the National Capital Territory, the Lieutenant Governor and the Legislative
Assembly, as they apply in relation to the Union territory of [Puducherry]****,
the administrator and its Legislature, respectively; and any reference in that
article to "clause (1) of article 239A" shall be deemed to be a
reference to this article or article 239AB, as the case may be.
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* Ins. by the Constitution (Sixty-ninth Amendment) Act, 1991, s. 2 (w.e.f. 1-2-1992)
** Subs. by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for
"(7)" (w.e.f. 21-12-1991)
*** Ins. by s. 3, ibid. (w.e.f. 21-12-1991)
**** Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s.
4, for "Pondicherry" (w.e.f. 1-10-2006)
· Article 239AB :
Provision in case of failure of constitutional machinery
239AB. If the
President, on receipt of a report from the Lieutenant Governor or otherwise, is
satisfied-
(a) that a situation has arisen in which the administration of the National
Capital Territory cannot be carried on in accordance with the provisions of
article 239AA or of any law made in pursuance of that article; or
(b) that for the proper administration of the National Capital Territory it is
necessary or expedient so to do, the President may by order suspend the
operation of any provision of article 239AA or of all or any of the provisions
of any law made in pursuance of that article for such period and subject to
such conditions as may be specified in such law and make such incidental and
consequential provisions as may ppear to him to be necessary or expedient for
administering the National Capital Territory in accordance with the provisions
of article 239 and article 239AA.
· Article 239B :
Power of administrator to promulgate Ordinances during recess of Legislature
[239B. (1) If
at any time, except when the Legislature of [the Union territory of
[Puducherry]***]** is in session, the administrator thereof is satisfied that
circumstances exist which render it necessary for him to take immediate action,
he may promulgate such Ordinances as the circumstances appear to him to
require:
Provided that no such Ordinance shall be promulgated by the administrator
except after obtaining instructions from the President in that behalf:
Provided further that whenever the said Legislature is dissolved, or its
functioning remains suspended on account of any action taken under any such law
as is referred to in clause (1) of article 239A, the administrator shall not
promulgate any Ordinance during the period of such dissolution or suspension.
(2) An Ordinance promulgated under this article in pursuance of instructions
from the President shall be deemed to be an Act of the Legislature of the Union
territory which has been duly enacted after complying with the provisions in
that behalf contained in any such law as is referred to in clause (1) of
article 239A, but every such Ordinance-
(a) shall be laid before the Legislature of the Union territory and shall cease
to operate at the expiration of six weeks from the reassembly of the
Legislature or if, before the expiration of that period, a resolution
disapproving it is passed by the Legislature, upon the passing of the
resolution; and
(b) may be withdrawn at any time by the administrator after obtaining
instructions from the President in that behalf.
(3) If and so far as an Ordinance under this article makes any provision which
would not be valid if enacted in an Act of the Legislature of the Union
territory made after complying with the provisions in that behalf contained in
any such law as is referred to in clause (1) of article 239A, it shall be
void.]*
****
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* Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f.
30-12-1971)
** Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s.
63, for "a Union territory referred to in clause (1) of article
239A"(w.e.f. 30-5-1987)
*** Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4,
for "Pondicherry" (w.e.f. 1-10-2006)
**** Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975,
s. 4 (retrospectively) and omitted by the Consititution (Forty-fourth
Amendment) Act, 1978, s. 32 (w.e.f. 20-6-1979)
· Article 240 :
Power of President to make regulations for certain Union territories
240. (1) The
President may make regulations for the peace, progress and good government of
the Union territory of-
(a) the Andaman and Nicobar Islands;
[(b) Lakshadweep;]*
[(c) Dadra and Nagar Haveli;]**
[(d) Daman and Diu;]***
[(e) Puducherry;]****
*****
#:
[Provided that when any body is created under article 239A to function as a
Legislature for the [Union territory of [Puducherry]****, the President shall
not make any regulation for the peace, progress and good government of that
Union territory with effect from the date appointed for the first meeting of
the Legislature:]###
[Provided further that whenever the body functioning as a Legislature for the
Union territory of [Puducherry]**** is dissolved, or the functioning of that
body as such Legislature remains suspended on account of any action taken under
any such law as is referred to in clause (1) of article 239A, the President
may, during the period of such dissolution or suspension, make regulations for
the peace, progress and good government of that Union territory.]####
(2) Any regulation so made may repeal or amend any Act made by Parliament or
[any other law]##### which is for the time being applicable to the Union
territory and, when promulgated by the President, shall have the same force and
effect as an Act of Parliament which applies to that territory.]##
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* Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name)
Act, 1973 (34 of 1973), s. 4, for entry (b) (w.e.f. 1-11-1973)
** Ins. by the Constitution (Tenth Amendment) Act, 1961, s. 3
*** Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s.
63, for entry (d) (w.e.f. 30-5-1987). Entry (d) was ins. by the Constitution
(Twelfth Amendment) Act, 1962, s. 3
**** Subs. by The Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s.
4, for "Pondicherry" (w.e.f. 1-10-2006)
***** The entry (f) relating to Mizoram omitted by the State of Mizoram Act,
1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987)
# The entry (g) relating to Arunachal Pradesh omitted by the State of Arunachal
Pradesh Act, 1986 (69 of 1986), s. 42 (w.e.f. 20-2-1987)
## Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5
### Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4, for
"Union territory of Goa, Daman and Diu or Pondicherry" (w.e.f.
15-2-1972)
#### Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4
(w.e.f. 15-2-1972)
##### Subs. by s. 4, ibid., for "any existing law"(w.e.f. 15-2-1972)
· Article 241 :
High Courts for Union territories
241. (1)
Parliament may by law constitute a High Court for a [Union territory]* or
declare any court in any [such territory]** to be a High Court for all or any
of the purposes of this Constitution.
(2) The provisions of Chapter V of Part VI shall apply in relation to every
High Court referred to in clause (1) as they apply in relation to a High Court
referred to in article 214 subject to such modifications or exceptions as
Parliament may by law provide.
[(3) Subject to the provisions of this Constitution and to the provisions of
any law of the appropriate Legislature made by virtue of powers conferred on
that Legislature by or under this Constitution, every High Court exercising jurisdiction
immediately before the commencement of he Constitution (Seventh Amendment) Act,
1956, in relation to any Union territory shall continue to exercise such
jurisdiction in relation to that territory after such commencement.
(4) Nothing in this article derogates from the power of Parliament to extend or
exclude the jurisdiction of a High Court for a State to, or from, any Union
territory or part thereof.]***
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* Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for
"State specified in Part C of the First Schedule"
** Subs. by s. 29 and Sch., ibid., for "such State"
*** Subs. by s. 29 and Sch., ibid., for cls. (3) and (4)
· Article 242 :
[Repealed.]
242. [Coorg.]
Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.