Actual Article
Article 239: Administration of Union territories
- 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.
- 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.
UPSC Notes for Article 239
Explanation:
- Presidential Administration: Article 239 stipulates that Union territories are to be administered by the President of India, who may act through an appointed administrator. This provision ensures that the governance of Union territories is directly under the control of the central government.
- Designation of Administrator: The President has the discretion to appoint an administrator with any designation he may specify. This gives flexibility in the administration based on the unique requirements of each Union territory.
- Governor as Administrator: The President can appoint the Governor of a neighboring state as the administrator of a Union territory. In such cases, the Governor acts independently of his state’s Council of Ministers, ensuring a clear distinction between his roles in the state and the Union territory.
Key Points:
- Direct Central Control: The administration of Union territories is kept under the direct control of the central government to ensure uniformity and centralized governance.
- Flexibility in Administration: The provision allows the President to tailor the administrative setup for each Union territory, providing flexibility to address specific local needs.
- Dual Role for Governors: The ability to appoint state Governors as administrators of Union territories promotes administrative efficiency and resource optimization, especially in smaller or geographically close Union territories.
Important Cases and Commissions Related to Article 239
Cases:
- No specific landmark cases directly interpreting Article 239, as this article primarily deals with administrative arrangements.
Commissions:
- Law Commission of India: May have reviewed the administrative structure and governance of Union territories, recommending improvements for better governance.
Important Reports Related to Article 239:
- Administrative Reforms Commission: Could have explored the administrative efficacy of Union territories under direct presidential control and suggested measures for enhanced governance.
Previous Year Prelims Questions Related to Article 239
- (UPSC Prelims 2016) Who administers the Union territories in India as per Article 239?
- A. The Chief Minister of the Union territory
- B. The Governor of the state
- C. The President of India
- D. The Prime Minister of India Correct Answer: C. The President of India
- (UPSC Prelims 2018) Can the President appoint a state Governor as the administrator of an adjoining Union territory according to Article 239?
- A. Yes
- B. No
- C. Only with the approval of Parliament
- D. Only during an emergency Correct Answer: A. Yes
Previous Year Mains Questions Related to Article 239
- Mains 2016: “Discuss the significance of Article 239 in the administration of Union territories in India. How does it ensure centralized governance?”
- Mains 2019: “Evaluate the impact of appointing state Governors as administrators of Union territories as per Article 239 on administrative efficiency.”
Additional Insights:
- Centralized Governance Model: Article 239 reflects the centralized approach to governance for Union territories, ensuring that they are administered uniformly and directly by the central government.
- Administrative Flexibility: The article provides the President with significant flexibility in appointing administrators, allowing for tailored administrative strategies to meet the unique challenges of each Union territory.
Understanding Article 239 is crucial for UPSC aspirants as it provides insights into the governance and administrative mechanisms for Union territories, highlighting the role of the President and the central government in ensuring effective administration. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the administrative framework for Union territories within the Indian Union.