Article 239 of the Indian Constitution: Administration of Union Territories

Article 239 of the Indian Constitution lays down the foundational framework for the administration of Union Territories in India. Unlike the States, which have a federal structure with their own elected governments, Union Territories are directly under the control of the Central Government. This article defines the primary mode of governance for these territories, subject to any specific laws passed by Parliament for particular Union Territories.

The governance model established by Article 239 reflects the unitary nature of Union Territories, signifying the Union’s direct responsibility and control over these areas. It provides for administration by an appointee of the President, ensuring close supervision by the central executive.

Original Text

(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 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.

Detailed Explanation

Article 239 establishes the executive structure for the administration of Union Territories.

Clause (1): This clause sets the default rule for the administration of Union Territories. It states that every Union Territory shall be administered by the President of India. The President does not directly govern the territory but acts through an Administrator. This Administrator is appointed by the President, and the President specifies their designation. Common designations include Lieutenant Governor (Lt. Governor or LG), Chief Commissioner, or Administrator. The Administrator exercises the President’s functions “to such extent as he thinks fit”. An important caveat in this clause is “Save as otherwise provided by Parliament by law”. This means that Parliament has the power to enact laws that can alter this basic structure of administration for any Union Territory. For example, Parliament can create a legislature and a Council of Ministers for a Union Territory, as it has done for Puducherry under Article 239A and for the National Capital Territory of Delhi under Article 239AA. If Parliament makes such a law, the administration will then follow the provisions of that law, deviating from the direct Presidential administration through an Administrator.
Clause (2): This clause provides an alternative arrangement for the President to administer an adjoining Union Territory. It allows the President to appoint the Governor of a State as the Administrator for a neighbouring Union Territory. A key point is that when a State Governor is appointed as the Administrator of an adjoining Union Territory, they act in a dual capacity. However, their functions as Administrator of the Union Territory are exercised “independently of his Council of Ministers”. This means that in their capacity as Administrator, they are not bound by the advice of the State Council of Ministers of which they are the constitutional head. In this role, the Governor acts as an appointee and agent of the President (Central Government) for the specific purpose of administering the Union Territory. This provision ensures that the administration of the Union Territory remains under central control, even when a State Governor is involved.

In essence, Article 239 vests the executive power of Union Territories in the President, exercised through an appointed Administrator, but grants Parliament the authority to legislate for the specific governance structures of these territories.

Detailed Notes

Article 239 deals with the administration of Union Territories (UTs).
Unless Parliament provides otherwise by law, every UT is administered by the President of India.
The President administers the UTs through an Administrator.
The Administrator is appointed by the President.
The President specifies the designation of the Administrator (e.g., Lieutenant Governor, Chief Commissioner, Administrator).
Parliament has the power to make laws that can alter the administrative structure of a UT (e.g., establish a legislature, Council of Ministers). This power is derived from the phrase “Save as otherwise provided by Parliament by law” in Clause (1).
Clause (2) allows the President to appoint the Governor of an adjoining State as the Administrator of a UT.
When a State Governor is appointed as the Administrator of a UT, they perform this function independently of their own State’s Council of Ministers.
The Administrator, whether a standalone appointee or a State Governor, acts as an agent of the President (and thus the Central Government) in the administration of the UT.
This article establishes the direct control of the Union Government over the executive functions of Union Territories.

Additional Comments

Article 239 provides the basic administrative structure for UTs. However, the actual governance varies across UTs due to laws made by Parliament under the authority of Article 239(1) and subsequent articles like 239A (Puducherry) and 239AA (National Capital Territory of Delhi), which grant them legislatures and councils of ministers with varying degrees of power.
The Administrator of a UT is distinct from the Governor of a State. A Governor is the constitutional head of a State, acting on the aid and advice of the Council of Ministers (except in limited discretionary matters). An Administrator, while holding a similar designation (like Lt. Governor), acts as an agent of the President (Central Government) and is accountable to the President.
The phrase “to such extent as he thinks fit” in Article 239(1) indicates that the President determines the scope of the Administrator’s functions, although this is typically defined by statutory orders and rules.
The power of Parliament to “otherwise provide by law” under Article 239(1) is crucial as it allows for the evolution of self-governance models in UTs, moving away from purely central administration if deemed appropriate.

Summary

Union Territories are generally administered by the President of India, who acts through an appointed Administrator whose designation is specified by the President. This arrangement can be modified by a law made by Parliament. The President may also appoint the Governor of an adjoining State as the Administrator for a Union Territory, in which case the Governor performs this function independently of their State’s Council of Ministers. This article establishes the fundamental mechanism for the Union government’s direct control over the executive functions of Union Territories.