Part VIII: The Union Territories

Article 240: Power of President to Make Regulations for Union Territories

Original Article:

(1) The President may make regulations for the peace, progress, and good government of Union territories, including:

• Andaman and Nicobar Islands
• Lakshadweep
• Dadra and Nagar Haveli and Daman and Diu
• Puducherry

(2) Regulations made by the President may repeal or amend any existing laws applicable to the Union territory and shall have the same force as Acts of Parliament.

Amendments:

• Seventh Amendment Act, 1956: Reorganized Union Territories.
• Fourteenth Amendment Act, 1962: Added Puducherry.
• State of Arunachal Pradesh Act, 1986: Removed Arunachal Pradesh.

Amendment Explanation:

Article 240 has been amended multiple times to reflect changes in the status and governance of Union Territories, ensuring flexibility in administration.

Explanations:

Article 240 empowers the President to make regulations for certain Union Territories, especially where local legislatures are absent or suspended, ensuring effective governance in these regions.

Clause-by-Clause Explanation:

Clause (1): Presidential Authority

The President may issue regulations for the governance of specified Union Territories to ensure peace and progress.

Clause (2): Legal Effect of Regulations

Presidential regulations carry the same legal force as Acts of Parliament within the Union Territory.

Historical Significance:

Article 240 reflects the need for centralized governance in Union Territories, allowing the Union Government to address unique administrative challenges effectively.

Debates and Deliberations:

• Shri T.T. Krishnamachari: Advocated for the President’s regulatory authority to maintain administrative efficiency.
• Dr. B.R. Ambedkar: Highlighted the importance of a flexible governance structure for Union Territories.

Real-Life Examples:

• Andaman and Nicobar Islands: Presidential regulations have been critical in addressing environmental and security concerns.
• Puducherry: During legislative dissolution, governance continued under Presidential regulations.

References:

• The Constitution (Seventh Amendment) Act, 1956
• The Constitution (Fourteenth Amendment) Act, 1962
• The State of Arunachal Pradesh Act, 1986