Articles 239 to 242 - The Union Territories
- Legal Journey
- Nov 2
- 6 min read
The Union Territories
Part VIII
(Articles 239 to 242)
Article 239. Administration of Union Territories
Clause (1) - Every Union Territory is to be administered by the President.
- Acting through an administrator appointed by him with such designation as may specify.
- But this is subject to any law made by Parliament.
Clause (2) - Notwithstanding anything in Part VI (The States)
- It empowers the President to appoint a Governor of a State as the administrator of an adjoining Union Territory.
- Where such a Governor has been appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.
Article 239-A. Creation of local legislatures or Council of Ministers or both for certain Union Territories
- Inserted by the 14th Constitutional Amendment Act, 1962.
Clause (1) - It empowers the Parliament to create by law 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.
Clause (2) - Any law under Clause (1) shall NOT be deemed to be an amendment of the Constitution for the purposes of Article 368.
Note - Article 239A has been made applicable to Union Territory of Jammu and Kashmir by the Jammu and Kashmir Reorganisation Act, 2019.
Article 239-B. Power of administrator to promulgate Ordinances during recess of Legislature
- The Administrator of the Union Territory of Pondicherry is empowered to promulgate ordinances when the Legislature is NOT in session.
- However, No such ordinance can be promulgated without the prior instruction of the President.
- The term used in this Article is ‘instruction’ and NOT ‘permission’.
- The distinction is subtle but important, the administrator obtains instructions from the President, which is a directive mechanism rather than mere permission.
- The Administrator shall NOT promulgate any ordinance when the Legislature is dissolved or suspended.
- An ordinance shall have the same force as an Act of the Legislature of the Union Territory.
- Every such ordinance shall be laid before the Legislature and shall cease to be in operation after expiry of six weeks from the reassembly of the Legislature.
- It may be withdrawn at any time by the administrator.
- If the Legislature passing such an Act would have been VOID, then an ordinance containing similar provisions shall also be VOID.
Article 240. Power of President to make regulations for certain Union Territories
Clause (1) - The President is empowered under this Article to 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 and Daman and Diu;
(d) Pondicherry.
Clause (2) - A regulation made by the President shall have the same force and effect as an Act of Parliament.
Article 239-AA. Special provisions with respect to Delhi
- Inserted by the 69th Constitutional Amendment Act, 1991
- The Union Territory of Delhi shall be called the National Capital Territory of Delhi (NCT Delhi).
- The Administrator appointed under Article 239 for NCT is to be designated as the Lieutenant Governor.
- The Legislative Assembly of NCT is to be filled by direct election.
- The Chief Minister is appointed by the President and the Ministers are also to be appointed by the President on advice of the Chief Minister.
- Council of Ministers cannot consist of more than 10% of the total members of the Legislative Assembly.
- The Council of Ministers shall be collectively responsible to the Legislative Assembly.
- Subject to the provisions of the Constitution, The Legislative Assembly of NCT can make laws on any matter in the State List or the Concurrent List except for :-
- Entries 1, 2 and 18 of the State List - Public Order, Police and Land respectively; AND
- Entries 64, 65 and 66 of the State List in so far as they relate to the said Entries 1, 2 and 18.
Article 239-AB. Provision in case of failure of Constitutional Machinery
Clause (1) - If the President of India, on report of the Lieutenant Governor OR otherwise, is satisfied:-
(a) That a situation has arisen such that administration of NCT Delhi cannot be carried on in accordance with the provisions of Article 239-AA OR any law made under Article 239-AA; OR
(b) That for the proper administration of the NCT Delhi it is necessary or expedient to do so.
- The President may by order suspend the operation of any provision of Article 239-AA OR all OR any of the provision if any law made under Article 239-AA;
- He may for such a time period and subject to the conditions as may be specified in such law,
- Make such incidental and consequential provisions as may appear necessary or expedient to him for the administering the NCT of Delhi in accordance with the provisions of Article 239 and 239-AA.
Article 241. High Courts for Union Territories
Clause (1) - It empowers the Parliament to:-
(a) Constitute a High Court for a Union Territory; OR
(b) Declare any Court in any such territory to be a High Court.
- For all or any of the purposes of this Constitution.
Clause (2) - The Provisions of Chapter V of Part VI [The State Judiciary] shall apply in relation to every High Court referred to in Clause (1).
- But, they shall be subject to such modification or exceptions as Parliament may by law provide.
Clause (3) - Subject to the Constitution and to provision of any law made by the appropriate legislature.
- Every High Court exercising jurisdiction immediately before the commencement of the 7th Constitutional Amendment Act, 1956 in relation to any Union Territory shall continue to exercise such jurisdiction in relation to that territory after such commencement.
Clause (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.
Frequently Asked Questions
Q) Why are Union Territories administered by the President instead of having full statehood?
A) Union Territories are directly governed by the President to ensure better administrative control in regions of strategic, cultural, or geographical significance. This framework helps the Union maintain uniform governance in territories with smaller populations or unique challenges.
Q) What is the difference between a State and a Union Territory in India?
A) A State has its own elected government and enjoys significant autonomy under the Constitution, while a Union Territory is administered by the Central Government through an Administrator or Lieutenant Governor appointed by the President.
Q) Which Union Territories have legislative assemblies, and what powers do they enjoy?
A) Currently, Delhi, Puducherry, and Jammu & Kashmir have legislative assemblies. These assemblies can make laws on subjects in the State List and Concurrent List, except matters like public order, police, and land which remain under the Union’s control.
Q) Can the Parliament convert a Union Territory into a State?
A) Yes. Under Article 2 and Article 3 of the Constitution, Parliament has the authority to form new States or Union Territories and to alter boundaries, areas, or names of existing ones through a law.
Q) How are laws made applicable to Union Territories without legislatures?
A) For Union Territories without legislatures, the President can issue regulations under Article 240, which have the same force and effect as Acts of Parliament.
From Delhi’s special status to the President’s powers - every Union Territory tells a unique legal story.
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