Article 239A of the Indian Constitution is a significant provision that deals with the creation of local legislatures or council of ministers, or both, for certain Union territories. This article empowers the Parliament to make laws for Union territories with a view to providing for the governance and administration of these territories.

Introduction to Union Territories

India, as a federal nation, is divided into states and Union territories. While states have their own elected governments and legislative assemblies, Union territories are governed directly by the central government. Union territories are regions that do not have the same level of autonomy as states and are under the direct control of the President of India, acting through an administrator appointed by the President.

There are currently eight Union territories in India: Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Lakshadweep, Delhi, Puducherry, Ladakh, and Jammu and Kashmir.

Need for Article 239A

Prior to the introduction of Article 239A, Union territories were governed solely by the central government without any local representation. This meant that the residents of these territories had limited say in the decision-making process that directly affected their lives. The absence of local legislatures and council of ministers created a democratic deficit in the governance of Union territories.

Recognizing the need for a more participatory and representative form of governance in certain Union territories, Article 239A was inserted into the Indian Constitution through the Constitution (Fourteenth Amendment) Act, 1962.

Salient Features of Article 239A

Article 239A provides for the creation of local legislatures or council of ministers, or both, for certain Union territories. Let's explore the key features of this provision:

Creation of Legislative Assembly

Under Article 239A, the Parliament has the power to create a legislative assembly for a Union territory. The legislative assembly consists of members elected by the people of the Union territory. The number of members and other related matters are determined by the Parliament through a law.

Once a legislative assembly is created, it exercises powers and discharges functions as specified by the Parliament. The legislative assembly has the authority to make laws on matters within the competence of the Union territory, except those matters that fall under the purview of the central government.

Formation of Council of Ministers

Article 239A also allows for the formation of a council of ministers for a Union territory. The council of ministers is responsible for aiding and advising the administrator of the Union territory in the exercise of his or her functions.

The council of ministers is headed by a Chief Minister, who is appointed by the President of India. The Chief Minister and other ministers are collectively responsible to the legislative assembly of the Union territory.

Extent of Legislative Power

The legislative assembly of a Union territory created under Article 239A has the power to make laws on matters enumerated in the State List and the Concurrent List of the Seventh Schedule of the Indian Constitution. However, the legislative assembly does not have the power to make laws on matters specified in the Union List.

The Parliament retains the power to make laws for the Union territory, even on matters within the legislative assembly's jurisdiction. In case of any inconsistency between a law made by the legislative assembly and a law made by the Parliament, the latter prevails.

Application of Article 239A

Article 239A is applicable to certain Union territories where the Parliament deems it necessary to provide for a local legislature or council of ministers, or both. The Parliament has the authority to determine which Union territories will have a legislative assembly, council of ministers, or both.

As of now, the Union territories of Delhi and Puducherry have been granted the status of having a legislative assembly and a council of ministers. These territories enjoy a greater degree of autonomy compared to other Union territories.

Conclusion

Article 239A of the Indian Constitution has played a crucial role in providing a more participatory and representative form of governance in certain Union territories. The creation of local legislatures and council of ministers has empowered the residents of these territories to have a voice in the decision-making process.

While Article 239A has been successfully implemented in Delhi and Puducherry, there is scope for further exploration of its application in other Union territories. The provision ensures a balance between the central government's control and the need for local representation, fostering democratic governance in the Union territories of India.