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Legislative Powers & Union Territories Explained

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🏛️ Union Territories & Ordinance Powers (Articles 123–241)

Delhi Law Academy Jaipur presents below for aspirants of RJS, DJS, PCS (J) and other Judicial Services throughout India a simplified Note on the Constitutional provisions relating to the Union territories and the Legislative powers of the President and the Governors.

📘 TOPICS

  • Legislative powers of President – Article 123
  • Legislative powers of Governor – Article 213
  • Administration of UTs – Article 239
  • Special provisions for Delhi – Article 239AA
  • Failure of Constitutional machinery in UTs – Article 239AB
  • Presidential regulations – Article 240
  • High Courts for UTs – Article 241

📜 Constitutional Provisions

⚖️ Legislative powers of President — Article 123

• If President is satisfied
o that immediate action is required
o he may promulgate ordinances
• He can do so at any time
o except when both Houses are in session
• Such an ordinance shall have
o the same force and effect as an Act of Parliament

• Every ordinance is to be laid before both Houses
• It shall cease to operate
o at the end of 6 weeks from reassembly of Parliament
o earlier, if both Houses pass resolutions disapproving it
• The 6-week period shall be counted
o from the date on which the second House reassembles
• An ordinance cannot make any provision
o which Parliament is not competent to enact
• If it does so
o it would be void to that extent

🏛️ Legislative powers of Governor — Article 213

• If Governor is satisfied
o that immediate action is required
• he may promulgate ordinances
• He can do so at any time
o except when State Legislature is in session
• An ordinance shall have the same force and effect
o as an Act of State Legislature

• Governor shall take instructions from President before promulgating Ordinance
o if a similar Bill would have required
 previous sanction of President before introduction
o if it was necessary for him
 to reserve a similar Bill for consideration of President
o if a similar Act would have been invalid
 unless it was reserved for President and had received his assent

• Every ordinance is to be laid before Legislature
• It shall cease to operate
o at the end of 6 weeks from reassembly of State Legislature
o earlier, if Legislature passes resolution disapproving it

• Ordinance cannot make any provision
o which State Legislature is not competent to enact
• If it does so
o it would be void to that extent

🏛️ UNION TERRITORIES — Article 239

• Every Union Territory shall be administered by President
o through an administrator to be appointed by him
• President may appoint Governor of a State
o as administrator of an adjoining UT
• In such case, he shall exercise his functions
o independently of his council of ministers

🏛️ Legislature for Puducherry — Article 239A

• Parliament may by law create for Puducherry
o a legislature and a council of ministers
o with powers and functions specified in that law
[Inserted by the 14th Amendment Act, 1962]

🏙️ Special Provisions for Delhi — Article 239AA

• Union Territory of Delhi shall be called
o National Capital Territory of Delhi
• Its administrator shall be called
o Lieutenant Governor

• There shall be a Legislative Assembly for NCT
o to be filled by members
o chosen by direct election from territorial constituencies
• Number of seats in Assembly
o shall be determined by Parliament by law

• Assembly shall have power to make laws for NCT
o on matters in State List or Concurrent List
o except Entries 1, 2 and 18 of State List

• Parliament shall continue to have power
o to make laws on any matter

• If a law made by Assembly
o is repugnant to a law made by Parliament
• law made by Parliament shall prevail
o except when the Assembly law had received Presidential assent

• There shall be a Council of Ministers
• Number of Ministers
o not to exceed 10% of Assembly members

• It shall aid and advise LG
o in matters in which Assembly has power to make laws

• In case of difference of opinion
o between LG and his Ministers:
• LG has to refer the matter to President
o and act according to President’s decision

• Pending such decision
o LG is competent to act in his discretion
o if in his opinion, matter is urgent, requiring immediate action

• Chief Minister shall be appointed
o by President
• Other Ministers shall be appointed by President
o on advice of Chief Minister

• Ministers shall hold office
o during pleasure of President

• Council of Ministers shall be
o collectively responsible to Legislative Assembly

• Parliament may by law
o supplement provisions contained in this article
• Any such law shall not be deemed
o to be an amendment u/a Article 368

⚠️ Failure of Constitutional Machinery — Article 239AB

• If President is satisfied that
o administration of NCT cannot be carried on
 as per article 239AA or a law made thereunder or
o it is necessary for proper administration of NCT
• he may suspend this article or such law for a specified period

📘 Ordinances by UT Administrators — Article 239B

• Administrators of Puducherry and Delhi
o have powers to promulgate Ordinances
o when legislatures are not in session

• Such ordinance can be promulgated
o only after obtaining instructions from President

• Such ordinance shall cease to operate
o on expiry of 6 weeks from reassembly of legislature or
o immediately upon passing of resolution disapproving the ordinance

📜 Presidential Regulations — Article 240

• President may make regulations for peace, progress and good government of
o Andaman & Nicobar
o Lakshadweep
o Dadra & Nagar Haveli
o Daman & Diu

• Any such regulation may repeal or amend
o any Act of Parliament or any other law in force

• A regulation shall have the same force and effect
o as an Act of Parliament

⚖️ High Courts for UTs — Article 241

• Parliament may by law
o constitute a High Court for a Union Territory

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Frequently Asked Questions (FAQs)

📜 What is an Ordinance under Article 123?
An Ordinance is a temporary law issued by the President when both Houses of Parliament are not in session and immediate action is required. It has the same force as an Act of Parliament but expires 6 weeks after Parliament reconvenes unless approved.

🏛️ How is the Governor’s Ordinance power different from the President’s?
The Governor can issue an Ordinance only when the State Legislature is not in session. However, for certain bills requiring the President’s sanction, the Governor must first obtain instructions from the President before promulgating such an Ordinance.

🏙️ What makes Article 239AA special for Delhi?
Article 239AA establishes Delhi as the National Capital Territory with its own Legislative Assembly, Council of Ministers, and a Lieutenant Governor. However, key subjects like public order, police, and land remain outside Delhi’s legislative control.

⚠️ When can Article 239AB be invoked in Delhi?
Article 239AB is used when the President is satisfied that Delhi’s administration cannot run according to Article 239AA or the laws made under it. In such cases, provisions may be suspended, similar to President’s Rule in states.

🌴 What are Presidential Regulations under Article 240?
Presidential Regulations are special laws made by the President for certain Union Territories like Andaman & Nicobar, Lakshadweep, and Daman & Diu. These regulations have the same force as an Act of Parliament and may even modify existing laws.

⚖️ Can Union Territories have their own High Courts?
Yes. Under Article 241, the Parliament may establish a separate High Court for any Union Territory by law. Otherwise, UTs may fall under the jurisdiction of nearby State High Courts.

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