States in Part B of the First Schedule
Part VII - The States in Part B of the First Schedule
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This part has been repealed by the seventh amendment in 1956. }
Part
VIII The Union Territories
Article
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.
Article
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.
Article
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,
the 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 form 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 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 supplement 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) or article 239A" shall be
deemed to be a reference to this article or article 239AB, as the
case may be.
Article
239AB Provision in case of failure of constitutional monarchy
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.
Article
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.
Article
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 further that when ever the body
functioning 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 when ever 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.
Article
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.
Article
242 Coorg
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