Introduction
Article 239 explains how Union Territories are governed in India. It places the administration of Union Territories under the direct control of the Union Government. The Constitution clearly states that the President of India holds the primary executive authority over Union Territories. This makes Union Territories different from States, which enjoy constitutional autonomy under Part VI of the Constitution.
Article 239 acts as the foundation of Union Territory governance. It establishes a centralized system while still allowing flexibility through parliamentary laws.
Why Does Article 239 Give Power to the President?
Article 239 gives executive power to the President to ensure strong Union control over Union Territories. The President administers Union Territories either directly or through an appointed Administrator. This arrangement reflects the special status of Union Territories, which are not full-fledged States.
The President acts as the constitutional head. However, day-to-day administration is carried out by an Administrator appointed by the President. This system ensures uniform governance and national oversight.
Who Is an Administrator Under Article 239?
An Administrator is the President’s representative in a Union Territory. The President appoints the Administrator and decides the title. The title may be Lieutenant Governor, Administrator, or Chief Commissioner, depending on the Union Territory.
The Administrator exercises executive powers on behalf of the President. These powers are subject to laws made by Parliament and directions issued by the Union Government. The Administrator ensures that the Union Territory is governed in line with national policies and constitutional principles.
How Does Clause (1) of Article 239 Work?
Clause (1) of Article 239 lays down the general rule for administration. It states that every Union Territory shall be administered by the President through an Administrator. This applies unless Parliament enacts a law providing a different arrangement.
This clause creates a default governance model. It allows Parliament to modify or replace this structure when required. This flexibility has enabled the creation of legislative assemblies and councils of ministers in selected Union Territories.
What Is the Purpose of Clause (2) of Article 239?
Clause (2) allows the President to appoint the Governor of a State as the Administrator of an adjoining Union Territory. This provision supports administrative convenience and coordination between neighboring regions.
When a Governor acts as an Administrator of a Union Territory, the Governor functions independently of the State’s Council of Ministers. This separation ensures that Union Territory administration remains under Union control and not under State influence.
How Is a Governor’s Dual Role Explained?
A Governor appointed as an Administrator performs two separate constitutional roles. As Governor of a State, the Governor acts on the aid and advice of the State Council of Ministers. As Administrator of a Union Territory, the Governor acts independently and follows the directions of the President.
This dual role highlights the distinct constitutional identity of Union Territories. It also reinforces the principle that Union Territories are governed directly by the Union.
Why Are Union Territories Governed Differently from States?
Union Territories are governed differently because they do not form part of the federal structure meant for States. They fall under Part VIII of the Constitution, which deals exclusively with Union Territories.
Article 239 reflects the idea that Union Territories require closer Union supervision. Many Union Territories are small, strategically important, or culturally diverse. Direct Union control ensures administrative efficiency and national integration.
How Does Parliament Modify Article 239 Arrangements?
Parliament has the power to change the default arrangement under Article 239 by making laws. Using this power, Parliament has introduced special governance models for certain Union Territories.
Articles 239A and 239AA are examples of such modifications. These provisions introduce elected legislatures and councils of ministers while still preserving the President’s authority through the Administrator.
What Is the Link Between Article 239 and Article 239A?
Article 239A allows Parliament to create legislatures and councils of ministers for certain Union Territories, such as Puducherry. It builds upon the framework of Article 239.
Even under Article 239A, the Administrator continues to represent the President. The elected government functions within the limits set by Parliament and the Constitution.
How Does Article 239AA Change Governance in Delhi?
Article 239AA provides a special status to the National Capital Territory of Delhi. It establishes an elected Legislative Assembly and a Council of Ministers.
Despite this democratic structure, Delhi remains a Union Territory. The Lieutenant Governor continues to act as the President’s representative. Certain subjects like public order, police, and land remain under Union control. This shows how Article 239 remains central even in special arrangements.
What Role Does the Administrator Play in Daily Governance?
The Administrator manages everyday administration in the Union Territory. The Administrator implements laws, oversees public services, and ensures compliance with Union directives.
The Administrator’s powers may vary depending on the Union Territory. Parliamentary laws and presidential regulations define the scope of authority. However, the Administrator always functions within the constitutional framework of Article 239.
Why Is Article 239 Constitutionally Important?
Article 239 is constitutionally important because it defines the nature of Union Territory governance. It balances central control with administrative flexibility. It also allows Parliament to design governance structures suited to local needs.
This Article ensures that Union Territories remain integrated with the Union while allowing tailored solutions for specific regions.
How Does Article 239 Maintain National Unity?
Article 239 strengthens national unity by keeping Union Territories under direct Union supervision. This is especially important for territories with strategic, political, or cultural significance.
By vesting authority in the President and Administrator, Article 239 ensures consistency, stability, and accountability in Union Territory administration.
Conclusion
Article 239 serves as the backbone of Union Territory administration in India. It establishes a centralized yet adaptable system of governance. It allows Parliament to innovate while preserving Union authority. Through Article 239, the Constitution ensures effective governance, constitutional clarity, and national cohesion across all Union Territories.
