Part IXA: The Municipalities

Article 243ZB: Application to Union Territories

Original Article:

The provisions of this Part shall apply to the Union Territories and shall, in their application to a Union Territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union Territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references, in relation to a Union Territory having a Legislative Assembly, to that Legislative Assembly:

Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union Territory or part thereof subject to such exceptions and modifications as he may specify in the notification.

Explanation:

Article 243ZB ensures that the governance provisions for Municipalities in Part IXA of the Constitution are extended to Union Territories, with necessary modifications. The article allows the Administrator of the Union Territory to act in the capacity of a Governor and permits the President to make exceptions based on specific regional needs.

Real-Life Examples:

• In Delhi, the Lieutenant Governor acts as the Administrator under Article 243ZB, while the Legislative Assembly exercises powers akin to a State Legislature for municipal governance.
• In Chandigarh, where there is no Legislative Assembly, the Administrator appointed under Article 239 oversees municipal functions.

Debates and Deliberations:

During the drafting of Article 243ZB, members of the Constituent Assembly discussed the necessity of extending municipal governance to Union Territories while considering their unique administrative requirements. The flexibility granted to the President was highlighted as a crucial mechanism for regional customization.