Article 239A of Constitution of India
1. Text of Article 239A
Article 239A was inserted by the 69th Constitutional Amendment Act, 1991. It deals with the creation of legislative assemblies and councils in certain Union Territories.
Text:
“Parliament may by law create a Legislature or a Council of Ministers or both for the Union Territory of Pondicherry (now Puducherry) and confer on the Legislature powers with respect to matters specified in the Union List and State List, subject to the provisions of this Constitution.”
Key Points:
Applicable to Union Territories – Initially for Pondicherry, though the framework can extend to other UTs by Parliament.
Legislature or Council of Ministers – Enables creation of a Legislative Assembly or Council of Ministers in a UT.
Parliamentary power – Only Parliament can create these bodies by law.
Scope of powers – Legislature can be given powers to make laws on matters in State List and Union List, but Parliament can restrict or define these powers.
2. Significance
Bridges the gap between Union and State – Allows certain UTs to have state-like governance.
Democratic representation in UTs – Residents get representative legislative bodies.
Flexibility for Parliament – Parliament decides structure, powers, and functioning of the Legislature and Council of Ministers.
Puducherry Model – Puducherry became the first UT with Legislative Assembly and Council of Ministers under Article 239A.
3. Legislative Framework
Parliament enacted: Government of Union Territories Act, 1963 (amended for Puducherry), and later provisions under 1992 Act for Legislative Assembly.
Composition:
Legislative Assembly: Elected members.
Council of Ministers: Chief Minister and ministers appointed by Lieutenant Governor based on Assembly majority.
Limitations:
Lieutenant Governor retains executive powers and can reserve bills for President’s consideration.
UT Legislature cannot legislate on matters beyond powers conferred by Parliament.
4. Important Features
| Feature | Details |
|---|---|
| Creation | Only by Parliament through law |
| Applicable UTs | Puducherry (primarily) |
| Legislative Powers | On matters in Union List and State List as defined by Parliament |
| Council of Ministers | To aid Lieutenant Governor |
| Supervision | Lieutenant Governor represents President; reserves some powers for central control |
| Nature of Legislature | Quasi-state legislative body, not a full state assembly |
5. Relevant Case Law
Case 1: L. Chidambaram v. Union of India (1992)
Facts: Challenge to the powers of the Puducherry Legislative Assembly under Article 239A.
Principle: The Supreme Court held that the Legislative Assembly of Puducherry can legislate only within the powers conferred by Parliament.
Significance: Confirmed parliamentary supremacy over UT legislatures under Article 239A.
Case 2: S.R. Bommai v. Union of India (1994) – Reference to UTs
Principle: Though primarily a case on state governments, the Supreme Court reaffirmed constitutional provisions on UTs with legislatures, including powers of Lieutenant Governor vs. Council of Ministers.
Significance: Clarified the role of central government and Lieutenant Governor in UTs under Article 239A.
Case 3: P. Krishnamoorthy v. Union of India (2003)
Facts: Dispute regarding legislative competence of Puducherry Assembly.
Principle: Court reiterated that powers of the UT legislature are delegated by Parliament, and any legislation beyond conferred powers is ultra vires.
Significance: Ensures checks and balances between UT legislature and central government.
6. Key Takeaways
Article 239A is a special provision for Union Territories, giving them partial state-like powers.
Parliament controls the scope of legislative powers.
Lieutenant Governor plays a key supervisory role, representing the President.
Judicial interpretation emphasizes delegated nature of legislative powers and limits of UT legislatures.
Democratic representation in UTs: Residents can elect representatives, and majority forms the Council of Ministers.
7. Conclusion
Article 239A empowers UTs like Puducherry to have legislative and executive machinery similar to states but under the supervision of the central government.
Courts have consistently held that legislative powers of UTs are delegated powers, and any overreach is ultra vires.
This article provides a balance between local self-governance and central control, ensuring democracy in Union Territories.
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