2015-04-23 07:29:52 +00:00
|
|
|
|
PART VIII
|
2015-04-23 07:29:54 +00:00
|
|
|
|
THE UNION TERRITORIES
|
|
|
|
|
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.
|
2015-04-23 07:29:56 +00:00
|
|
|
|
239A. Creation of local Legislatures or Council of Ministers or both
|
|
|
|
|
for certain Union territories.—(1) Parliament may by law create for the
|
2015-04-23 07:30:02 +00:00
|
|
|
|
Union territory of Puducherry—
|
2015-04-23 07:29:56 +00:00
|
|
|
|
(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.
|
2015-04-23 07:29:52 +00:00
|
|
|
|
|
|
|
|
|
|
2015-04-23 07:29:54 +00:00
|
|
|
|
THE CONSTITUTION OF INDIA
|
2015-04-23 07:29:52 +00:00
|
|
|
|
|
2015-04-23 07:29:54 +00:00
|
|
|
|
103
|
2015-04-23 07:29:52 +00:00
|
|
|
|
|
2015-04-23 07:30:00 +00:00
|
|
|
|
239B. Power of administrator to promulgate Ordinances during
|
|
|
|
|
recess of Legislature.—(1) If at any time, except when the Legislature of the
|
|
|
|
|
Union territory of Puducherry is in session, the administrator thereof is satisf
|
|
|
|
|
ied
|
|
|
|
|
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.
|
2015-04-23 07:30:04 +00:00
|
|
|
|
*
|
|
|
|
|
|
|
|
|
|
*
|
|
|
|
|
|
|
|
|
|
*
|
|
|
|
|
|
|
|
|
|
*
|
2015-04-23 07:30:00 +00:00
|
|
|
|
|
2015-04-23 07:29:54 +00:00
|
|
|
|
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;
|
2015-04-23 07:29:52 +00:00
|
|
|
|
|
2015-04-23 07:29:54 +00:00
|
|
|
|
104
|
2015-04-23 07:29:52 +00:00
|
|
|
|
|
2015-04-23 07:29:54 +00:00
|
|
|
|
THE CONSTITUTION OF INDIA
|
2015-04-23 07:29:52 +00:00
|
|
|
|
|
2015-04-23 07:29:54 +00:00
|
|
|
|
(b) Lakshadweep;
|
2015-04-23 07:29:54 +00:00
|
|
|
|
(c) Dadra and Nagar Haveli;
|
2015-04-23 07:29:55 +00:00
|
|
|
|
(d) Daman and Diu;
|
2015-04-23 07:29:56 +00:00
|
|
|
|
(e) Puducherry:
|
|
|
|
|
Provided that when any body is created under article 239A to function as
|
2015-04-23 07:30:02 +00:00
|
|
|
|
a Legislature for the Union territory of Puducherry, the President shall not
|
2015-04-23 07:29:56 +00:00
|
|
|
|
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:
|
2015-04-23 07:30:00 +00:00
|
|
|
|
Provided further that whenever the body functioning as a Legislature for
|
2015-04-23 07:30:02 +00:00
|
|
|
|
the Union territory of Puducherry is dissolved, or the functioning of that body
|
2015-04-23 07:30:00 +00:00
|
|
|
|
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.
|
2015-04-23 07:29:54 +00:00
|
|
|
|
(2) Any regulation so made may repeal or amend any Act made by
|
2015-04-23 07:30:00 +00:00
|
|
|
|
Parliament or any other law, which is for the time being applicable to the Union
|
2015-04-23 07:29:54 +00:00
|
|
|
|
territory and, when promulgated by the President, shall have the same force and
|
|
|
|
|
effect as an Act of Parliament which applies to that territory.
|
2015-04-23 07:29:52 +00:00
|
|
|
|
241. High Courts for Union territories—(1) Parliament may by law
|
2015-04-23 07:29:54 +00:00
|
|
|
|
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
|
|
|
|
|
.
|
2015-04-23 07:29:52 +00:00
|
|
|
|
(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.
|
2015-04-23 07:29:54 +00:00
|
|
|
|
(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.
|
2015-04-23 07:29:52 +00:00
|
|
|
|
|
2015-04-23 07:29:54 +00:00
|
|
|
|
105
|
2015-04-23 07:29:52 +00:00
|
|
|
|
|
2015-04-23 07:29:54 +00:00
|
|
|
|
THE CONSTITUTION OF INDIA
|
2015-04-23 07:29:52 +00:00
|
|
|
|
|
2015-04-23 07:29:54 +00:00
|
|
|
|
(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.
|
|
|
|
|
242. [Coorg.] Rep. by the Constitution (Seventh Amendment) Act, 1956,
|
|
|
|
|
s. 29 and Sch.
|
2015-04-23 07:29:52 +00:00
|
|
|
|
|
2015-04-23 07:29:54 +00:00
|
|
|
|
|