Part 8 of Indian Constitution, Article 239 to 242, Amendments

The Constitution of India organizes the structure of government and distribution of powers. It is divided into different Parts which collectively explain the Union, States, judiciary, rights and administrative systems. Part 8 of Indian Constitution focuses on Union Territories. It contains Articles 239 to 242 and explains how these territories are governed. Unlike States, Union Territories are administered directly by the Union government, though some enjoy limited legislative powers.

Part 8 of Indian Constitution

Part 8 of Indian Constitution is titled as “The Union Territories.” It lays down the framework for governing Union Territories and clarifies their constitutional position. These territories are regions of strategic or historical importance and are administered by the President through appointed administrators. At present, India has 8 Union Territories: Delhi, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Jammu and Kashmir, Ladakh, Lakshadweep, and Puducherry. This Part also provides special provisions for the National Capital Territory of Delhi and Puducherry.

Articles under Part 8 of Indian Constitution

Part 8 of Indian Constitution contains Articles 239 to 242 which explain administration, legislative powers, regulations and judicial arrangements for Union Territories.

• Article 239- Administration of Union Territories: The President administers every Union Territory through an appointed administrator. In some cases, the Governor of a neighboring State may act as administrator independently of the State’s Council of Ministers.
• Article 239A- Creation of Legislature or Council of Ministers: Parliament may create a Legislative body or Council of Ministers, or both, for Puducherry. Such law is not treated as a constitutional amendment under Article 368.
• Article 239AA- Special Provisions for Delhi: Inserted by the 69th Constitutional Amendment Act, 1991, it renamed Delhi as National Capital Territory. It provides a Legislative Assembly and Council of Ministers headed by a Chief Minister.
• Article 239AB- Failure of Constitutional Machinery: If governance in Delhi cannot function under Article 239AA, the President may suspend its operation partially or fully to restore proper administration.
• Article 239B- Ordinance Making Power: The administrator may promulgate Ordinances during recess of the Legislature of Puducherry, after obtaining instructions from the President, subject to legislative approval within six weeks.
• Article 240- President’s Regulatory Power: The President may issue regulations for peace and good governance in Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Puducherry.
• Article 241- High Courts for Union Territories: Parliament may establish High Courts for Union Territories. Existing High Courts continue jurisdiction after the Constitution (Seventh Amendment) Act, 1956, unless modified by Parliament.
• Article 242- Coorg (Repealed): Article 242 earlier related to Coorg but has been repealed and is no longer in operation under the Constitution.

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Amendments related to Part 8 of Indian Constitution

Several constitutional amendments have shaped governance and structure of Union Territories under the provisions of Part 8 of Indian Constitution.

• 69th Constitutional Amendment Act 1991: This amendment inserted Article 239AA and 239AB. It granted Delhi special status as National Capital Territory with a Legislative Assembly and Council of Ministers.
• Constitution (Seventh Amendment) Act 1956: It ensured continuation of High Court jurisdiction over Union Territories and aligned judicial arrangements after reorganization of States and territories.
• Jammu and Kashmir Reorganisation Act 2019: This Act created two Union Territories, Jammu and Kashmir with legislature and Ladakh without legislature, strengthening the administrative framework under Part VIII.

Case Laws related to Part 8 of Indian Constitution

Judicial decisions have clarified distribution of powers and constitutional balance in Union Territory governance under Part 8 of Indian Constitution.

• Government of NCT of Delhi v. Union of India (2018): The Supreme Court clarified that the Lieutenant Governor must act on aid and advice of the elected Delhi government except in matters of land, police, and public order.
• NDMC v. State of Punjab (1997): The Court held that Union Territories are centrally administered and lack the legislative autonomy of States unless specifically granted, reinforcing the unitary nature of Part VIII.