Part VIII: The Union Territories

Article 239A: Local Legislatures or Council of Ministers

Original Article:

(1) Parliament may by law create for the Union territory of Puducherry—

• A body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or
• A Council of Ministers, or both with such constitution, powers, and functions as may be specified in the law.

(2) Any such law shall not be deemed a constitutional amendment, even if it modifies provisions of the Constitution.

Amendments:

• Inserted by the Constitution (Fourteenth Amendment) Act, 1962, for certain Union Territories.
• Revised by the Goa, Daman, and Diu Reorganization Act, 1987, which removed Goa from its ambit.
• Updated terminology from "Pondicherry" to "Puducherry" via the Pondicherry (Alteration of Name) Act, 2006.

Amendment Explanation:

The Fourteenth Amendment enabled greater local governance in Union Territories like Goa, Daman, and Diu, and Puducherry, reflecting India's evolving federal structure. Subsequent changes, like the 1987 Act, removed Goa upon its statehood, while Puducherry retained this provision for its unique local administrative needs.

Explanations:

Article 239A was introduced to address governance challenges in Union Territories. It empowers Parliament to create local legislatures or councils of ministers, providing flexibility to tailor governance models based on regional needs. This ensures democratic participation and efficient administration in territories like Puducherry.

Clause-by-Clause Explanation:

Clause (1): Creation of Local Legislatures or Council of Ministers

Parliament is empowered to create elected or partly elected bodies and councils of ministers for Union Territories like Puducherry. This ensures a degree of local autonomy while retaining Union oversight.

Clause (2): Non-Amendment Status

Laws made under Clause (1) are not considered constitutional amendments, enabling Parliament to implement changes without requiring the Article 368 amendment process.

Historical Significance:

The introduction of Article 239A marked a significant step in India's federal evolution. It reflected the nation's commitment to empowering local governance in Union Territories, especially newly integrated regions like Goa and Puducherry. Its provisions highlight the balance between national unity and regional diversity.

Debates and Deliberations:

• Dr. B.R. Ambedkar: Supported the provision, emphasizing the need for flexibility in governing Union Territories with distinct needs.
• Shri T.T. Krishnamachari: Advocated for local representation to enhance governance efficiency.
• Shri K.T. Shah: Expressed concerns over the lack of direct statehood for some regions, proposing a more uniform framework for Union Territories.

Real-Life Examples:

• Puducherry: Functions under Article 239A with an elected Legislative Assembly and Council of Ministers.
• Goa: Initially governed under Article 239A until its elevation to statehood in 1987.

References:

• The Constitution (Fourteenth Amendment) Act, 1962
• The Goa, Daman, and Diu Reorganization Act, 1987
• Government of India Notifications