232 lines
12 KiB
Plaintext
232 lines
12 KiB
Plaintext
PART VIII
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THE UNION TERRITORIES
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239. Administration of Union territories.—(1) Save as otherwise
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provided by Parliament by law, every Union territory shall be administered by
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the President acting, to such extent as he thinks fit, through an administrator
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to
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be appointed by him with such designation as he may specify.
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(2) Notwithstanding anything contained in Part VI, the President may
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appoint the Governor of a State as the administrator of an adjoining Union
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territory, and where a Governor is so appointed, he shall exercise his functions
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as such administrator independently of his Council of Ministers.
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239A. Creation of local Legislatures or Council of Ministers or both
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for certain Union territories.—(1) Parliament may by law create for the
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Union territory of Puducherry—
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(a) a body, whether elected or partly nominated and partly elected, to
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function as a Legislature for the Union territory, or
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(b) a Council of Ministers,
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or both with such constitution, powers and functions, in each
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case, as may be specified in the law.
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(2) Any such law as is referred to in clause (1) shall not be deemed to be
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an amendment of this Constitution for the purposes of article 368
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notwithstanding that it contains any provision which amends or has the effect
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of amending this Constitution.
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239AA. Special provisions with respect to Delhi.—(1) As from the
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date of commencement of the Constitution (Sixty-ninth Amendment) Act,
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1991, the Union territory of Delhi shall be called the National Capital Territor
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y
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of Delhi (hereafter in this Part referred to as the National Capital Territory)
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and
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the administrator thereof appointed under article 239 shall be designated as the
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Lieutenant Governor.
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(2)(a) There shall be a Legislative Assembly for the National Capital
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Territory and the seats in such Assembly shall be filled by members chosen by
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direct election from territorial constituencies in the National Capital Territor
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y.
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(b) The total number of seats in the Legislative Assembly, the number of
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seats reserved for Scheduled Castes, the division of the National Capital
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Territory into territorial constituencies (including the basis for such division
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)
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and all other matters relating to the functioning of the Legislative Assembly
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shall be regulated by law made by Parliament.
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100
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101
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THE CONSTITUTION OF INDIA
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(c) The provisions of articles 324 to 327 and 329 shall apply in relation
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to the National Capital Territory, the Legislative Assembly of the National
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Capital Territory and the members thereof as they apply, in relation to a State,
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the Legislative Assembly of a State and the members thereof respectively; and
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any reference in articles 326 and 329 to “appropriate Legislature” shall be
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deemed to be a reference to Parliament.
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(3) (a) Subject to the provisions of this Constitution, the Legislative
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Assembly shall have power to make laws for the whole or any part of the
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National Capital Territory with respect to any of the matters enumerated in the
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State List or in the Concurrent List in so far as any such matter is applicable
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to
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Union territories except matters with respect to Entries 1, 2 and 18 of the Stat
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e
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List and Entries 64, 65 and 66 of that List in so far as they relate to the said
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Entries 1, 2 and 18.
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(b) Nothing in sub-clause (a) shall derogate from the powers of
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Parliament under this Constitution to make laws with respect to any matter for
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a Union territory or any part thereof.
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(c) If any provision of a law made by the Legislative Assembly with
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respect to any matter is repugnant to any provision of a law made by Parliament
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with respect to that matter, whether passed before or after the law made by the
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Legislative Assembly, or of an earlier law, other than a law made by the
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Legislative Assembly, then, in either case, the law made by Parliament, or, as
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the case may be, such earlier law, shall prevail and the law made by the
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Legislative Assembly shall, to the extent of the repugnancy, be void:
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Provided that if any such law made by the Legislative Assembly has
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been reserved for the consideration of the President and has received his assent
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,
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such law shall prevail in the National Capital Territory:
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Provided further that nothing in this sub-clause shall prevent Parliament
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from enacting at any time any law with respect to the same matter including a
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law adding to, amending, varying or repealing the law so made by the
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Legislative Assembly.
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(4) There shall be a Council of Ministers consisting of not more than ten
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per cent. of the total number of members in the Legislative Assembly, with the
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Chief Minister at the head to aid and advise the Lieutenant Governor in the
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exercise of his functions in relation to matters with respect to which the
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Legislative Assembly has power to make laws, except in so far as he is, by or
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under any law, required to act in his discretion:
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102
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THE CONSTITUTION OF INDIA
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Provided that in the case of difference of opinion between the Lieutenant
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Governor and his Ministers on any matter, the Lieutenant Governor shall refer
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it to the President for decision and act according to the decision given thereon
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by the President and pending such decision it shall be competent for the
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Lieutenant Governor in any case where the matter, in his opinion, is so urgent
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that it is necessary for him to take immediate action, to take such action or to
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give such direction in the matter as he deems necessary.
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(5) The Chief Minister shall be appointed by the President and other
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Ministers shall be appointed by the President on the advice of the Chief
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Minister and the Ministers shall hold office during the pleasure of the
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President.
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(6) The Council of Ministers shall be collectively responsible to the
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Legislative Assembly.
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(7) (a) Parliament may, by law, make provisions for giving effect to, or
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supplementing the provisions contained in the foregoing clauses and for all
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matters incidental or consequential thereto.
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(b) Any such law as is referred to in sub-clause (a) shall not be deemed
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to be an amendment of this Constitution for the purposes of article 368
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notwithstanding that it contains any provision which amends or has the effect
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of amending, this Constitution.
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(8) The provisions of article 239B shall, so far as may be, apply in
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relation to the National Capital Territory, the Lieutenant Governor and the
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Legislative Assembly, as they apply in relation to the Union territory of
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Puducherry, the administrator and its Legislature, respectively; and any
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reference in that article to “clause (1) of article 239A” shall be deemed to
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be a
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reference to this article or article 239AB, as the case may be.
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239AB. Provision in case of failure of constitutional machinery.—If
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the President, on receipt of a report from the Lieutenant Governor or otherwise,
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is satisfied—
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(a) that a situation has arisen in which the administration of the
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National Capital Territory cannot be carried on in accordance with the
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provisions of article 239AA or of any law made in pursuance of that
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article; or
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(b) that for the proper administration of the National Capital
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Territory it is necessary or expedient so to do,
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the President may by order suspend the operation of any provision of article
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239AA or of all or any of the provisions of any law made in pursuance of that
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article for such period and subject to such conditions as may be specified in
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such law and make such incidental and consequential provisions as may appear
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to him to be necessary or expedient for administering the National Capital
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Territory in accordance with the provisions of article 239 and article 239AA.
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THE CONSTITUTION OF INDIA
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103
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239B. Power of administrator to promulgate Ordinances during
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recess of Legislature.—(1) If at any time, except when the Legislature of the
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Union territory of Puducherry is in session, the administrator thereof is satisf
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ied
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that circumstances exist which render it necessary for him to take immediate
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action, he may promulgate such Ordinances as the circumstances appear to him
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to require:
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Provided that no such Ordinance shall be promulgated by the
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administrator except after obtaining instructions from the President in that
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behalf:
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Provided further that whenever the said Legislature is dissolved, or its
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functioning remains suspended on account of any action taken under any such
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law as is referred to in clause (1) of article 239A, the administrator shall not
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promulgate any Ordinance during the period of such dissolution or suspension.
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(2) An Ordinance promulgated under this article in pursuance of
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instructions from the President shall be deemed to be an Act of the Legislature
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of the Union territory which has been duly enacted after complying with the
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provisions in that behalf contained in any such law as is referred to in clause
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(1)
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of article 239A, but every such Ordinance—
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(a) shall be laid before the Legislature of the Union territory and
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shall cease to operate at the expiration of six weeks from the reassembly
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of the Legislature or if, before the expiration of that period, a resolution
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disapproving it is passed by the Legislature, upon the passing of the
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resolution; and
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(b) may be withdrawn at any time by the administrator after
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obtaining instructions from the President in that behalf.
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(3) If and so far as an Ordinance under this article makes any provision
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which would not be valid if enacted in an Act of the Legislature of the Union
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territory made after complying with the provisions in that behalf contained in
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any such law as is referred to in clause (1) of article 239A, it shall be void.
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*
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*
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*
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*
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240. Power of President to make regulations for certain Union
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territories.—(1) The President may make regulations for the peace, progress
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and good government of the Union territory of—
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(a) the Andaman and Nicobar Islands;
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104
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THE CONSTITUTION OF INDIA
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(b) Lakshadweep;
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(c) Dadra and Nagar Haveli;
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(d) Daman and Diu;
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(e) Puducherry:
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Provided that when any body is created under article 239A to function as
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a Legislature for the Union territory of Puducherry, the President shall not
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make any regulation for the peace, progress and good government of that
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Union territory with effect from the date appointed for the first meeting of the
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Legislature:
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Provided further that whenever the body functioning as a Legislature for
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the Union territory of Puducherry is dissolved, or the functioning of that body
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as such Legislature remains suspended on account of any action taken under
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any such law as is referred to in clause (1) of article 239A, the President may,
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during the period of such dissolution or suspension, make regulations for the
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peace, progress and good government of that Union territory.
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(2) Any regulation so made may repeal or amend any Act made by
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Parliament or any other law, which is for the time being applicable to the Union
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territory and, when promulgated by the President, shall have the same force and
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effect as an Act of Parliament which applies to that territory.
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241. High Courts for Union territories—(1) Parliament may by law
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constitute a High Court for a Union territory or declare any court in any such
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territory to be a High Court for all or any of the purposes of this Constitution
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.
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(2) The provisions of Chapter V of Part VI shall apply in relation to
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every High Court referred to in clause (1) as they apply in relation to a High
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Court referred to in article 214 subject to such modifications or exceptions as
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Parliament may by law provide.
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(3) Subject to the provisions of this Constitution and to the provisions of
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any law of the appropriate Legislature made by virtue of powers conferred on
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that Legislature by or under this Constitution, every High Court exercising
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jurisdiction immediately before the commencement of the Constitution
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(Seventh Amendment) Act, 1956, in relation to any Union territory shall
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continue to exercise such jurisdiction in relation to that territory after such
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commencement.
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105
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THE CONSTITUTION OF INDIA
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(4) Nothing in this article derogates from the power of Parliament to
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extend or exclude the jurisdiction of a High Court for a State to, or from, any
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Union territory or part thereof.
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242. [Coorg.] Rep. by the Constitution (Seventh Amendment) Act, 1956,
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s. 29 and Sch.
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