Actual Article
Article 240: Power of President to make regulations for certain Union territories
- The President may make regulations for the peace, progress, and good government of the Union territory of—
- (a) the Andaman and Nicobar Islands;
- (b) Lakshadweep;
- (c) Dadra and Nagar Haveli and Daman and Diu;
- (d) Puducherry; and
- (e) such other Union territory as may be specified by law made by Parliament:
- Any regulation so made may repeal or amend any Act made by Parliament or any existing law which is for the time being applicable to the Union territory.
- Regulation under this article may have effect subject to any conditions or restrictions which Parliament may impose.
UPSC Notes for Article 240
Explanation:
- Presidential Regulations: Article 240 grants the President the power to make regulations for the peace, progress, and good government of specific Union territories. This provision allows for direct central intervention in the governance of these territories, ensuring that they can be managed efficiently and in accordance with national interests.
- Union Territories Covered: The article specifically mentions the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Puducherry. It also allows for the inclusion of other Union territories as specified by Parliament.
- Overriding Legislative Powers: Regulations made by the President under this article can repeal or amend laws made by Parliament or any existing laws applicable to the Union territory. This gives the President significant legislative authority in these territories.
- Parliamentary Oversight: While the President has the power to make regulations, these regulations can be subject to conditions or restrictions imposed by Parliament, ensuring a balance between executive authority and legislative oversight.
Key Points:
- Central Authority: Article 240 underscores the central government’s authority over the administration of specific Union territories, allowing for direct and swift legislative action to address local issues.
- Flexible Governance: The ability to repeal or amend existing laws provides the flexibility needed to tailor governance and legal frameworks to the unique needs of each Union territory.
- Parliamentary Safeguards: The provision for parliamentary oversight ensures that the President’s regulatory powers are exercised within a framework of accountability and legislative review.
Important Cases and Commissions Related to Article 240
Cases:
- No specific landmark cases directly interpreting Article 240, as this article deals primarily with the administrative powers of the President.
Commissions:
- Law Commission of India: Might have reviewed the regulatory framework and governance of Union territories, providing recommendations to enhance their administration.
Important Reports Related to Article 240:
- Administrative Reforms Commission: Could have explored the effectiveness of presidential regulations in managing Union territories and suggested measures to improve governance and accountability.
Previous Year Prelims Questions Related to Article 240
- (UPSC Prelims 2016) Which Union territories are specifically mentioned in Article 240 for the President to make regulations?
- A. Chandigarh and Delhi
- B. Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, Puducherry
- C. Jammu and Kashmir and Ladakh
- D. Chandigarh and Ladakh Correct Answer: B. Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, Puducherry
- (UPSC Prelims 2018) Can the President’s regulations under Article 240 amend or repeal laws made by Parliament?
- A. No
- B. Yes
- C. Only with the approval of the Prime Minister
- D. Only during an emergency Correct Answer: B. Yes
Previous Year Mains Questions Related to Article 240
- Mains 2016: “Discuss the significance of Article 240 in the context of the administrative control of Union territories by the central government.”
- Mains 2019: “Evaluate the impact of the President’s power to make regulations under Article 240 on the governance of Union territories. How does parliamentary oversight ensure accountability?”
Additional Insights:
- Strategic Administration: Article 240 allows the central government to address specific strategic and administrative needs of Union territories, especially those with unique geographical, social, or economic challenges.
- Dynamic Legal Framework: The power to amend or repeal existing laws provides the flexibility to adapt legal frameworks quickly to changing circumstances in Union territories, ensuring responsive and effective governance.
Understanding Article 240 is crucial for UPSC aspirants as it highlights the role of the President and the central government in the administration of Union territories, emphasizing the balance between executive authority and legislative oversight. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms that ensure effective governance and legal adaptability in Union territories.