The Chandigarh (Delegation of Powers) Act, 1987
The Chandigarh (Delegation of Powers) Act, 1987
Background
Chandigarh is a Union Territory (UT) directly administered by the Central Government under Article 239 of the Constitution of India.
Unlike states, UTs do not have full legislative powers. Their administration is carried out by the President of India through an Administrator (in Chandigarh’s case, the Administrator is usually the Governor of Punjab acting as ex-officio Administrator of Chandigarh).
To ensure smooth governance and administrative efficiency, the Central Government enacted the Chandigarh (Delegation of Powers) Act, 1987.
Objectives of the Act
To empower the Administrator of Chandigarh with certain powers that otherwise rest with the Central Government.
To enable quick decision-making in day-to-day governance, without constant reference to New Delhi.
To provide clarity regarding which powers can be exercised locally by Chandigarh Administration.
Key Provisions
Delegation of Powers
The Act authorizes the Central Government to delegate its powers under any law in force in Chandigarh to the Administrator.
These powers can be delegated fully or with restrictions/conditions.
Scope of Delegated Powers
It includes powers related to:
Land and property management in Chandigarh
Licensing and regulation
Industrial and commercial development
Taxation, duties, and levies (within the UT framework)
Administrative functions for public services
Limits of Delegation
Not all powers can be delegated. For example:
Matters relating to national security, defense, and foreign affairs.
Law-making powers under the Constitution (since Chandigarh has no legislature of its own).
The Central Government retains the ultimate authority and can revoke, modify, or withdraw the delegation.
Administrator’s Authority
Once powers are delegated, the Administrator (Governor of Punjab in dual role) acts as the local executive head.
He/she can take decisions independently within the scope of delegated powers.
Importance of the Act
Helps in decentralization of governance in Chandigarh.
Avoids administrative delays in day-to-day issues.
Clarifies the chain of command between Central Government and UT administration.
Ensures Chandigarh residents do not face governance gaps due to over-centralization.
Case Law Related to Chandigarh (Delegation of Powers)
Since the Act is specific and administrative in nature, there are no landmark Supreme Court rulings directly on this Act alone. However, certain cases touch upon administrative authority and delegation of powers in Union Territories, which help understand its scope:
Union Territory of Chandigarh v. Sh. Dilbagh Singh (1993, Punjab & Haryana High Court)
The court upheld that the Administrator of Chandigarh, when exercising delegated powers, is acting within legal authority provided under the Delegation of Powers Act.
It was held that decisions taken by the Administrator cannot be challenged as ultra vires (beyond powers) so long as they are within the scope of delegated authority.
T.M. Kanniyan v. Income Tax Officer (1968, SC) – though not directly on Chandigarh, the Supreme Court clarified that when Parliament or the President delegates powers to UT administrators, such delegated authority is constitutionally valid. This principle supports the Chandigarh Delegation of Powers Act.
New Delhi Municipal Council v. State of Punjab (1997, SC) – the Court recognized that Union Territories are centrally administered, but administrative delegation to local administrators is essential for governance. This indirectly validates why such Acts like Chandigarh (Delegation of Powers) Act, 1987 exist.
Conclusion
The Chandigarh (Delegation of Powers) Act, 1987 is a crucial legislation that allows the Central Government to legally delegate its powers to the local Administrator of Chandigarh, ensuring efficient, localized, and effective governance.
It balances central control with local administrative autonomy, making governance more responsive for the people of Chandigarh.
RELATED Blog
0 comments