Article 239 of Indian Constitution: Administration of Union Territories

Article 239 of Indian Constitution

 Administration of Union territories

(1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify. 

(2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.

Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

According to Article 239 of Indian Constitution states that -

• The President of India administers Union territories either directly or through an appointed administrator.
• The President has the discretion to determine how much power the administrator will have and can grant them any designation.
• In certain cases, the President can appoint the Governor of a neighboring state as the administrator of a UT. If this happens, the Governor performs this role independently and without interference from the Council of Ministers of the State.

Relevance of Article 239 of Indian Constitution

Article 239 of Indian Constitution ensures that UTs remain under central control while allowing for administrative adjustments as needed.

• Union territories do not have the same autonomy as states and are governed directly by the central government
• The President has the authority to appoint administrators with specific roles and powers suited to the needs of individual UTs.
• Allowing a state's Governor to also act as an administrator of a UT helps streamline governance and optimize resources, particularly for smaller UTs.
• When a Governor is appointed as an administrator, they function separately from their role in the state

Article 239 of Indian Constitution was broadly discussed in the landmark judgement of Government of NCT Delhi vs Union of India. In this case, the National Capital Territory (NCT) of Delhi, officially a Union Territory, has a unique governance structure. While Union Territories are generally administered by an administrator appointed by the President under Article 239, the Constitution (Sixty-ninth Amendment) Act, 1991 introduced Article 239AA, granting Delhi an elected Legislative Assembly with law-making powers, except in matters of public order, police, and land. The Lieutenant Governor (LG) serves as the Administrator.

The overlap between Article 239AA and Article 239 of Indian Constitution has led to the dispute between the Union and Delhi governments over administrative control. In 2018, the Supreme Court held that the LG must act on the aid and advice of the Council of Ministers, except in matters outside the Assembly's jurisdiction. However, the Government of National Capital Territory (Amendment) Act, 2021 curtailed the authority of the Assembly and required the LG’s opinion on executive decisions and restricting legislative oversight.

The Delhi Government challenged the amendment and argued that it diminishes the principles of federalism and democratic governance. On May 11, 2023, the Supreme Court confirmed the Delhi government’s control over civil servants and day-to-day administration.

Conclusion

Article 239 of Indian Constitution is an important provision that provides the governance framework for Union territories. It keeps them under direct central control and provides administrative flexibility. It ensures that UTs are effectively handled and enabled room for adaptation based on their unique needs. The provision plays an important role in maintaining administrative efficiency and national integration.