Article 239(2) of the Indian Constitution: Appointment of a State Governor as Administrator of an Adjoining Union Territory

Article 239 of the Indian Constitution lays down the general framework for the administration of Union Territories. Typically, Union Territories are administered by the President of India, acting through an Administrator appointed by him. However, the Constitution also provides for alternative arrangements under specific circumstances.

Article 239(2) is one such special provision that allows for flexibility in the administration of Union Territories, particularly those situated adjacent to a State. It empowers the President to designate a State Governor with the additional responsibility of administering an adjoining Union Territory, while ensuring that this function is performed independently of the State government machinery.

Original Text

Notwithstanding anything in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory. When a Governor is so appointed, they shall exercise their functions as such administrator independently of their Council of Ministers.

Detailed Explanation

Article 239(2) provides a specific mechanism for administering an adjoining Union Territory by utilising the office of a State Governor. Let’s break down its components:

1. Notwithstanding anything in Part VI: This non-obstante clause signifies that the provisions of Part VI of the Constitution, which deals with the States (including the role and functions of the Governor vis-à-vis the State Council of Ministers), shall not override or affect the President’s power or the Governor’s function when acting under this specific article. This is crucial as it establishes the independent nature of the Governor’s role as a UT Administrator under this provision.
2. The President may appoint: The power to make this appointment rests solely with the President of India. The use of the word “may” indicates that this is a discretionary power of the President, not a mandatory requirement.
3. The Governor of a State: The person appointed must be the Governor of an existing State.
4. As the administrator of an adjoining Union territory: The appointment is specifically for a Union Territory that shares a border with the State whose Governor is being appointed. The Governor takes on the role of the ‘administrator’ for that particular adjoining UT. The term ‘Administrator’ is the designation used for the head of a Union Territory appointed under Article 239(1).
5. When a Governor is so appointed, they shall exercise their functions as such administrator independently of their Council of Ministers: This is the most significant aspect of the article. When the Governor performs duties related to the administration of the Union Territory under this appointment, they do not act on the aid and advice of the Council of Ministers of the State they govern. Instead, they act in their capacity as an Administrator of the UT, effectively under the direction of the President (representing the Union Government). This ensures that the administration of the Union Territory remains under the control of the Central government, even when a State functionary holds the office of Administrator.

In essence, Article 239(2) provides a legal basis for the President to delegate the task of administering an adjoining UT to a State Governor, creating a dual role for the Governor, and explicitly clarifying that the Governor’s actions in relation to the UT are separate and independent from their role as head of the State, where they generally act on the advice of the State Council of Ministers.

Detailed Notes

• Empowers the President of India to appoint a State Governor.
• The appointment is specifically for acting as the Administrator of an adjoining Union Territory.
• This power is exercised by the President notwithstanding anything in Part VI (which deals with State governance).
• When appointed as a UT Administrator under this article, the Governor performs these functions independently of their State’s Council of Ministers.
• The Governor, in this role, effectively acts as a representative of the President/Union Government regarding the UT’s administration.
• This ensures central control over the administration of the Union Territory.
• The provision applies only to Union Territories adjoining the Governor’s State.
• The appointment is discretionary (“may appoint”) for the President.
• Highlights the distinct nature of the Governor’s role in a State versus their role as a UT Administrator.

Additional Comments

• This article carves out an exception to the general rule laid down in Article 163, which states that the Governor shall act on the aid and advice of the Council of Ministers, except in matters where the Constitution requires them to act in their discretion. Under Article 239(2), the Governor is explicitly empowered to act independently.
• This provision is a practical arrangement that can be used for administrative convenience, especially for smaller or geographically contiguous Union Territories.
• It underscores the fundamental constitutional position that Union Territories are directly administered by the Union, unlike States which have their own distinct elected governments.
• While the Governor holds the office, their actions regarding the UT are not attributable to the State government or subject to its political direction. They are accountable to the President/Union Government for the UT’s administration.

Summary

Article 239(2) of the Constitution empowers the President to appoint the Governor of a State as the administrator of an adjoining Union Territory. When acting in this capacity, the Governor exercises their functions independently of the State’s Council of Ministers, ensuring that the administration of the Union Territory remains under the direct control of the Central government, distinct from the governance of the State.