Article 238 of the Costitution of India with Case law
🔷 Article 238 of the Constitution of India – [Repealed]
🔹 Text of Article 238 (Before Repeal):
“238. Application of provisions of Part VI to Union territories.
The provisions of this Part shall apply in relation to the Union territories in the same manner as they apply in relation to the States, subject to such exceptions and modifications as Parliament may by law provide.”
🔴 Current Status:
✅ Article 238 was repealed by the Seventh Amendment Act, 1956, which came into effect on 1st November 1956.
🔹 Background and Purpose Before Repeal:
Article 238 was originally included to extend the provisions of Part VI (which deals with State Governments) to Part C States and Union Territories.
It allowed Parliament to modify or exclude the application of these provisions by law.
It was essentially a transitional provision, relevant when the Indian Union included Part A, B, C, and D States.
🔹 Why Was Article 238 Repealed?
The States Reorganisation Act, 1956 restructured Indian states based on linguistic and administrative grounds.
Part B and C States were abolished, and Union Territories were created.
Article 238 became redundant and was repealed by:
🔹 The Constitution (Seventh Amendment) Act, 1956
🔹 Effect of Repeal:
After repeal:
Part VI (Articles 152 to 237) now applies only to States, not Union Territories.
Union Territories are governed by Part VIII (Articles 239 to 241).
Administration of UTs became a separate constitutional domain.
🔹 Relevant Case Law & References (Post-Repeal Impact):
✅ T.M. Kanniyan v. I.T.O. (AIR 1968 SC 637)
Issue: Applicability of legislative powers to Union Territories.
Held: Union Territories are directly governed by the President under Article 239, and not covered by Part VI.
Relevance: Illustrates the post-Article 238 framework for Union Territories.
✅ New Delhi Municipal Council v. State of Punjab, (1997) 7 SCC 339
Held: Union Territories do not enjoy the same constitutional status as States.
Effect of Article 238 repeal: Reinforced that Part VI does not apply to UTs.
✅ G.V. Ramanaiah v. Superintendent of Central Jail, (1974) 3 SCC 531
Observation: Union Territories cannot claim privileges meant for states unless explicitly provided.
Relevance: Clarified the implications of removal of Article 238.
🔹 Summary Table:
| Aspect | Details |
|---|---|
| Article | 238 |
| Subject | Application of Part VI to Union Territories |
| Status | Repealed by 7th Amendment (1956) |
| Reason | States Reorganisation Act, 1956 |
| Effect | UTs now governed by Part VIII (Arts. 239–241) |
| Relevant Cases | T.M. Kanniyan, NDMC v. Punjab, G.V. Ramanaiah |
🔹 Conclusion:
Article 238 is no longer in force, but understanding it is important from a historical and constitutional development point of view. Its repeal marked a milestone in the federal restructuring of India, shifting UT governance to a distinct legal framework under Part VIII.
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