Part 8 - THE UNION TERRITORIES
1 [THE UNION TERRITORIES
1. Substituted by the Constitution (Seventh Amendment) Act,
1956, section 17 for the heading "THESTATES IN PART C OF THE
FIRSTSCHEDULE".
Article
239 - Administration of Union territories
1[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.
1. Substituted by the Constitution (Seventh Amendment)
Act, 1956, section 17, for Article 239 and 240
Article
239A - Creation of local Legislatures or Council of Ministers or both for
certain Union territories
1[239A. Creation of local Legislatures or
Council of Ministers or both for certain Union territories
(1) Parliament may by law create2[for the Union territory of Pondicherry
(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.
1. Inserted by the Constitution (Fourteenth Amendment)
Act, 1962, section 4.
2. Substituted by the Goa, Daman
and Diu Reorganisation Act, 1987 (18 of 1987), section 63, for certain words
(w.e.f. 30-5-1987).
Article
239AA - Special provisions with respect to Delhi
1 [239AA. Special provisions with respect to Delhi
(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
(2) (a) There shall be a Legislative Assembly for the National Capital
Territory and the seals in such Assembly
shall 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
(c) The provisions of Articles 324 to 327 and 329 shall
apply in relation to the National Capita! Territory, the Legislative Assembly
of the National Capital Territory
(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 mailer 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 mailer, in his
opinion, is so urgent that it is necessary for him to take immediate action, to
take such action or to given such direction in the matter as he deems
necessary.
(5) The Chief Minister shall be appointed by the President
and the 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.
2 [(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.
3 [(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 Pondicherry, the administrator and its
Legislature, respectively; and any reference in that Article to "clause
(1) to Article 239A" shall be deemed to be a reference to this Article or Article
239AB, as the case may be.
1.
Inserted by the Constitution (Sixty-ninth
Amendment) Act, 1991, section 2 (w.e.f. 1-2-1992).
2.
Substituted by the Constitution
(Seventieth Amendment ) Act, 1992 section 3 for"( 7)" (w.e.f.
21-12-1991).
Article 239AB - Provisions in case of failure of constitutional machinery
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 or 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 appear to him to be necessary or
expedient for administering the National Capital Territory in accordance with
the provisions of Article 239 and Article 239 AA].
Article
239B - Power of administrator to promulgate Ordinances during recess of
Legislature
1[239B. Power of administrator to promulgate
Ordinances during recess of Legislature
(1) If at any time, except when the Legislature of2[the
Union territory of Pondicherry] 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 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, 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.]
3[***]
1. Inserted by the Constitution (Twenty-Seventh
Amendment) Act, 1971, section 3 (w.e.f. 30-12-1971).
2. Substituted by the Goa, Daman and Diu Reorganisation
Act, 1987 (18 of 1987) section 63, for "a Union territory referred to in
clause (1) of Article 239A" (w.e.f. 30-5-1987).
3. Clause (4) was Inserted by the Constitution
(Thirty-eight Amendment) Act, 1975 section 4 (retrospectively) and omitted by
the Constitution (Forty-fourth Amendment) Act, 1978, section 32 (w.e.f.
20-6-1979).
Article 240 - Power of President to make regulations for certain Union territories
1[240.
Power of President to make regulations for certain Union territories
(1) The President may make regulations for the peace,
progress and good Government of the Union territory of
(a) the Andaman and Nicobar Islands ;
2[(b) Lakshadweep ;]
3(c) Dadra and Nagar Haveli;]
4[(d) Daman and Diu ;]
5[(e) Pondicherry
6[***]
7[***]
8[Provided that when any body is created under Article
239A to function as a Legislature for the9[Union territories of10[Pondicherry]],
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:]
11[Provided further that whenever the body
functioning as a Legislature for the Union territory of10[Pondicherry]
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 or12[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.]
1. Substituted by the Constitution (Seventh Amendment)
Act, 1956, section 17, for Article 240.
2. Substituted by the Laccadive, Minicoy and Amindivi
Islands (Alteration of Name) Act, 1973) (34 of 1973), section 4, for entry (b)
(w.e.f. 1-11-1973).
3. Inserted by the Constitution (Tenth Amendment) Act,
1961, section 3 (w.e.f. 11-8-1961).
4. Substituted by the Goa, Daman and Diu Reorganisation
Act, 1987 (18 of 1987), section 63, for entry (d) (w.e.f. 30-5-1987). Entry (d)
was Inserted by the Constitution (Twelfth Amendment) Act, 1962, section 3
(w.e.f. 20-12-1961).
5. Inserted by the Constitution (Fourteenth Amendment)
Act, 1962 sections 5 and 7 (w.e.f. 16-8-1962).
6. The Entry (f) relating to Mizoram Omitted by the
State of Mizoram Act, 1986 (34 of 1986), section 39 (w.e.f. 20-2-1987).
7. The entry (g) relating to Arunanchal Pradesh omitted
by the State of Arunachal Pradesh Act, 1986 (69 of 1986), section 42 (w.e.f.
20-2-1987).
8. Inserted by the Constitution (Fourteenth Amendment)
Act, 1962 section 5.
9. Substituted by the Constitution (Twenty-seventh
Amendment) Act, 1971, section 4, for "Union territory of Goa, Daman and
Diu or Pondicherry" (w.e.f. 15-2-1972).
10. Substituted by the Goa, Daman and Diu Reorganisation
Act, 1987 (18 of 1987), section 63 for "Goa, Daman and Diu or
Pondicherry" (w.e.f. 30-5-1987).
11. Inserted by the Constitution (Twenty-seventh
Amendment) Act, 1971, section 4 (w.e.f. 15-2-1972).
12. Substituted by S.4,constitution (twenty-seventh
Amendment)Act,1971 for "any existing law"(w.e.f. 15.2.1972)
Article 241 - High Courts for Union territories
(1) Parliament may
by law constitute a High Court for a1[Union territory] or declare
any court in any2[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[(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 the 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.]
1. Substituted by the Constitution (Seventh Amendment)
Act, 1956, section 29 and Schedule, for "State specified in Part C of the
First Schedule".
2. Substituted by the Constitution (Seventh Amendment)
Act, 1956, section 29 and Schedule for "such State".
3. Substituted by the Constitution (Seventh Amendment)
Act, 1956, section 29 and Schedule, for Clauses (3) and (4).
Article
242 - Coorg [Repealed]
[Rep. by the
Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule]
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