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123 lines
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123 lines
5.8 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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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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