Power of President to make regulations for certain Union territories

Quick Summary (TL;DR)

Article 240 (Power of President to make regulations for certain Union territories): Governs the administration, legislatures, and courts of Union Territories (including NCT of Delhi) under Part VIII.

In Simple Citizen Words

Article 240 ('Power of President to make regulations for certain Union territories') in Part VIII (The Union Territories) defines how Union Territories are administered by the President through Administrators/Lieutenant Governors, provides for elected Legislatures and Councils of Ministers in UTs like Puducherry (Art 239A) and the National Capital Territory of Delhi (Art 239AA), and regulates High Court jurisdiction for UTs (Art 241).

Key Constitutional Provisions

Constitutional Mandate (Art. 240): Directly codifies the legal rule for 'Power of President to make regulations for certain Union territories' under Part VIII

Structured across 3 clause(s) and 5 sub-clause(s) with explicit constitutional provisos/safeguards

Requires transparent Parliamentary law-making and democratic accountability rather than arbitrary executive action

Exceptions & Reasonable Restrictions

In Union Territories with elected legislatures (like NCT of Delhi under Art 239AA), governance must respect the triple chain of democratic accountability (NCT of Delhi v. Union of India, 2018 & 2023 Constitution Bench rulings).

Why This Matters in Daily Life

Balances national strategic oversight in Union Territories with the democratic representation and civic rights of residents.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Dr. B. R. Ambedkar & N. Gopalaswami Ayyangar

Drafting Committee Leaders • August 1, 1949 & 69th Amendment (1991)

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 240: Providing effective Union administration for strategically and geographically unique Union Territories while enabling elected local legislatures in UTs like Delhi and Puducherry.

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"Even in territories administered under the Union, the progressive realization of responsible democratic representation for the residents remains a guiding constitutional principle."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 240: Enacted Articles 239–241 governing Union Territories, augmented by Articles 239A and 239AA (69th Amendment) creating elected legislatures and High Court jurisdiction.

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 240 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

Clause (1)

The President may make regulations for the peace, progress and good government of the Union territory of —

Sub-clause (a)

the Andaman and Nicobar Islands;

Sub-clause (b)

Lakshadweep;

Sub-clause (c)

Dadra and Nagar Haveli;

Sub-clause (d)

Daman and Diu;

Sub-clause (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.

Clause (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.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Power of President to make regulations for certain Union territories

🟡 Textually Amended Since 1950 Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly as part of the original 395 Articles (Power of President to make regulations for certain Union territories). Subsequently refined through 4 Constitutional Amendment(s) to meet evolving democratic and governance needs.

CURRENT ENFORCEABLE STATUS (TODAY)

Enforceable Today with Amended Clauses: Article 240 (Power of President to make regulations for certain Union territories): Governs the administration, legislatures, and courts of Union Territories (including NCT of Delhi) under Part VIII.

Key Amendment Milestones & Textual Modifications

10th Constitutional Amendment Act, 1961 — Integration of Dadra and Nagar Haveli into India

Year 1961

Why it happened: Incorporated Dadra and Nagar Haveli as a Union Territory of India after its liberation from Portuguese rule.

                                    Amended (240, 1st Schedule): Integration of Dadra and Nagar Haveli into India                                

12th Constitutional Amendment Act, 1962 — Integration of Goa, Daman and Diu into India

Year 1962

Why it happened: Formally incorporated Goa, Daman, and Diu into the Indian Union as a Union Territory after 450 years of Portuguese rule.

                                    Amended (240, 1st Schedule): Integration of Goa, Daman and Diu into India                                

14th Constitutional Amendment Act, 1962 — Integration of Puducherry & Assemblies for UTs

Year 1962

Why it happened: Incorporated Puducherry into India and added Article 239A enabling elected legislatures in Himachal, Manipur, Tripura, Goa, and Puducherry.

                                    Amended (239A, 240): Integration of Puducherry & Assemblies for UTs                                

37th Constitutional Amendment Act, 1975 — Legislative Assembly Created for Arunachal Pradesh

Year 1975

Why it happened: Provided an elected Legislative Assembly and Council of Ministers for Arunachal Pradesh.

                                    Amended (239A, 240): Legislative Assembly Created for Arunachal Pradesh                                

Article 239AB Ask Nyaya Saarthi AI About This Article Article 241

Emergency Citizen Helplines

Power of President to make regulations for certain Union territories

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications