constitution/PART8.txt

PART VIII
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.
239A. Creation of local Legislatures or Council of Ministers or both
for certain Union territories.—(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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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.
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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;

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(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.
241. High Courts for Union territories—(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 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.

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(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.