Part VIII: The Union Territories

Article 239: Administration of Union Territories

Original Article:

(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.

Amendments:

• Seventh Amendment Act, 1956: The Constitution was amended to restructure India's administrative divisions, replacing "States in Part C" with "Union Territories."

Amendment Explanation:

The Seventh Amendment Act of 1956 marked a significant change in India's administrative structure. It abolished "Part C States" and introduced the concept of Union Territories. This centralized administrative model addressed governance challenges in economically and strategically important regions that could not sustain statehood.

Explanations:

Article 239 lays the groundwork for the administration of Union Territories, allowing the President to appoint administrators or Governors for seamless governance. This ensures that these territories remain aligned with national policies while addressing their unique challenges.

Clause-by-Clause Explanation:

Clause (1): Presidential Administration of Union Territories

The President can appoint administrators for Union Territories, granting them powers and designations necessary for effective governance.

Clause (2): Governor as Administrator

The President may assign a state Governor to oversee the administration of an adjoining Union Territory, ensuring regional coherence and streamlined governance.

Historical Significance:

Article 239 reflects India's approach to integrating diverse territories into the Union. The Seventh Amendment Act centralized administration for regions like Delhi and Andaman & Nicobar Islands, ensuring strategic control, national integration, and effective governance in economically smaller or strategically vital areas.

Debates and Deliberations:

The Constituent Assembly extensively debated the need for centralized administration of certain regions. Below are some key points from the debates:

• Dr. B.R. Ambedkar: Highlighted the strategic and administrative importance of Union Territories and emphasized flexibility in governance models.
• Shri K.T. Shah: Advocated for democratic representation within Union Territories.
• Prof. Shibban Lal Saksena: Suggested merging smaller territories with neighboring states but was countered due to strategic considerations.
• Shri Brajeshwar Prasad: Emphasized central control for border and strategically important regions like Andaman & Nicobar Islands.

Real-Life Examples:

• Delhi: Operates under Article 239AA, with limited legislative powers while key subjects remain under central control.
• Andaman and Nicobar Islands: Centrally administered due to their strategic location.

References:

• The Constitution (Seventh Amendment) Act, 1956
• Constituent Assembly Debates
• Government of India Notifications