Part VIII of the Indian Constitution

Part VIII of the Indian Constitution, which encompasses Articles 239 to 242, detailing the administration and governance of Union Territories (UTs) in India.

Article 239: Administration of Union Territories

• Clause (1): Every Union Territory shall be administered by the President of India, acting through an administrator appointed by him.
• Clause (2): The President may appoint the Governor of a State as the administrator of an adjoining Union Territory. In such cases, the Governor shall exercise his functions as an administrator independently of his Council of Ministers.

This article establishes the framework for the governance of Union Territories, ensuring that they are administered by the President, either directly or through appointed administrators.

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

• Clause (1): The President may make regulations for the peace, progress, and good government of specific Union Territories, including Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Puducherry.
• Clause (2): Any regulation made under this article shall have the same force and effect as an Act of Parliament applicable to that territory.

This provision grants the President the authority to enact regulations for the governance of certain Union Territories, providing a mechanism for direct administration when necessary.

Article 239A: Creation of Local Legislatures or Councils of Ministers for Certain Union Territories

• Clause (1): Parliament may by law create a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union Territory of Puducherry. It may also establish a Council of Ministers for the Union Territory, or both, with such constitution, powers, and functions as specified in the law.
• Clause (2): Any such law shall not be deemed to be an amendment of the Constitution for the purposes of Article 368, notwithstanding that it contains provisions which amend or have the effect of amending the Constitution.

This article allows for the creation of local legislatures and councils of ministers in Union Territories, such as Puducherry, providing them with a degree of self-governance.

Article 241: High Courts for Union Territories

• Clause (1): Parliament may by law constitute a High Court for a Union Territory or declare any court in any such territory to be a High Court for all or any of the purposes of this Constitution.
• Clause (2): The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1) as they apply in relation to a High Court referred to in Article 214, subject to such modifications or exceptions as Parliament may by law provide.
• Clause (3): Every High Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any Union Territory shall continue to exercise such jurisdiction in relation to that territory after such commencement.
• Clause (4): Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union Territory or part thereof.

This article provides the framework for the establishment and jurisdiction of High Courts in Union Territories, ensuring judicial oversight and the rule of law.

Article 242: High Court for the Union Territory of Delhi

• Clause (1): Parliament may by law provide for the establishment of a High Court for the Union Territory of Delhi.
• Clause (2): The High Court established under this article shall have jurisdiction over the Union Territory of Delhi and shall exercise such powers and functions as may be conferred upon it by law.

This article specifically addresses the establishment of a High Court for Delhi, ensuring that the Union Territory has a dedicated judicial body to handle its legal matters.

Key Takeaways

• Central Administration: Union Territories are primarily administered by the President of India, either directly or through appointed administrators.
• Regulatory Powers: The President has the authority to enact regulations for the governance of certain Union Territories.
• Legislative Autonomy: Some Union Territories, like Puducherry, have provisions for the establishment of local legislatures and councils of ministers, granting them a degree of self-governance.
• Judicial Oversight: High Courts can be established for Union Territories to ensure judicial oversight and the rule of law.