THE 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 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.] [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) and the administrator thereof appointed
under article 239 shall be designated as the Lieutenant Governor. (2) (a) There shall be a Legislative Assembly for the National Capital
Territory and the seats 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 into territorial constituencies (including the basis
for such division) and all other matters relating to the functioning
of the Legislative Assembly shall be regulated by law made by
Parliament. (c) The provisions of articles 324 to 327 and 329 shall apply in
relation to the National Capital Territory, Legislative Assembly of
the National Capital Territory and the members thereof as they apply,
in relation to a State, the Legislative Assembly of a State and the
members thereof respectively; and any reference in articles 326 and
329 to "appropriate Legislature" shall be deemed to be a reference to
Parliament. (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 matter 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 matter, in his opinion, is so urgent that it is
necessary for him to take immediate action, to take such action or to
give 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. [(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. [(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) of
article 239A" shall be deemed to be a reference to this article or
article 239AB, as the case may be.
239AB. Provision 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 of 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 239AA.]
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 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 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.]
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;
[(b) Lakshadweep;]
[(c) Dadra and Nagar Haveli;]
[(d) Daman and Diu;]
[(e) Pondicherry:]
[Provided that when any body is created under article 239A to function as a Legislature for the [Union territory of [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:]
[Provided further that whenever the body functioning as a Legislature for the Union territory of [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 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. (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.