Article 240

Article 240 of the Constitution of India confers upon the President of India the authority to make regulations for the peace, progress, and good governance of specific Union territories. This provision ensures effective and continuous administration in territories where direct central control is required or where legislative bodies are absent or limited in scope. It exemplifies the central government’s responsibility to maintain uniform governance standards across all parts of the Union, while also adapting to the unique administrative needs of small or strategically significant territories.

Scope and Objective

The framers of the Constitution recognised that some Union territories, due to their geographical location, demographic composition, or size, might not be suited for a full-fledged legislative framework similar to that of states. Hence, Article 240 empowers the President to legislate directly for these territories.
The key objective of this provision is to:

• Ensure effective governance and administrative continuity.
• Provide legal and constitutional flexibility for territories with limited local legislative capacities.
• Enable rapid response to administrative and developmental needs without relying on lengthy parliamentary processes.

Thus, Article 240 operates as a constitutional mechanism that bridges the gap between central authority and local governance in certain Union territories.

Union Territories Covered Under Article 240

Article 240(1) authorises the President to make regulations for the following Union territories:

1. Andaman and Nicobar Islands
2. Lakshadweep
3. Dadra and Nagar Haveli and Daman and Diu
4. Puducherry
5. Any other Union territory that Parliament may specify by law

These territories are generally characterised by smaller populations, remote locations, or special administrative requirements that necessitate direct governance by the Union Government.
However, in the case of Puducherry, the operation of Article 240 is subject to specific limitations due to the existence of a legislative assembly under Article 239A.

Presidential Regulatory Powers

Under Article 240, the President of India is empowered to make regulations for the peace, progress, and good governance of the specified Union territories. These regulations have a broad legislative scope, allowing the President to:

• Frame new laws applicable to the territory;
• Modify or amend existing laws; and
• Repeal outdated or inconsistent laws within the territory.

Regulations made under this article hold the same legal force and effect as an Act of Parliament, making them a powerful instrument of governance. This authority allows for administrative efficiency and legislative adaptability, particularly in territories without legislative assemblies or where rapid regulatory action is necessary.

Relationship with the Legislative Body of Puducherry

A distinct feature of Article 240 is its conditional application to Puducherry. Under Article 239A, Parliament may create a legislative body and a Council of Ministers for certain Union territories, including Puducherry.
The relationship between Articles 239A and 240 operates as follows:

• Once the legislative body of Puducherry has been established and holds its first meeting, the President’s power to make regulations for Puducherry ceases.
• However, if the legislative body is dissolved or suspended, the President’s power under Article 240 revives temporarily, continuing until the legislative body is reconstituted or restored.

This provision maintains the balance between local self-governance and central control, ensuring uninterrupted administration even during political or legislative instability.

Nature and Effect of Presidential Regulations

Regulations made by the President under Article 240 possess the same status and force as an Act of Parliament. Their legal and administrative effects include:

• Direct applicability within the concerned Union territories;
• Supremacy over local laws inconsistent with them;
• Authority to alter, repeal, or extend existing statutory provisions;
• Flexibility to address urgent administrative needs without parliamentary delay.

This feature ensures the continuity of governance in territories where legislative processes may not be feasible due to geographical or administrative constraints.

Judicial Interpretations and Important Case Laws

The Supreme Court of India has, through several decisions, delineated the scope and limitations of Article 240:

• Union of India v. S. R. Tewari (1964): The Court clarified that the President’s powers under Article 240 are legislative in nature and not merely administrative. The regulations issued under this article carry the same authority as laws enacted by Parliament.
• K. K. Verma v. Union of India (1954): This case examined the nature of regulatory powers in Union territories and affirmed that the President’s regulations are valid instruments of law with binding effect.
• Puducherry Legislative Assembly v. Union of India (2018): The Supreme Court discussed the division of powers between the elected government of Puducherry and the Lieutenant Governor, reaffirming that while local governance is permissible, the President’s overarching authority remains constitutionally preserved under Article 240.

These judicial pronouncements underscore that Article 240 ensures both flexibility and constitutional oversight, preventing administrative vacuum in the territories concerned.

Legislative and Administrative Significance

Article 240 is a cornerstone of Union territory administration, offering a constitutional framework that combines efficiency, central supervision, and local adaptation. Its significance can be understood through the following points:

• It empowers the Central Government to respond promptly to the unique needs of each Union territory.
• It provides a legal foundation for direct central legislation in territories lacking full-fledged legislative institutions.
• It safeguards peace and governance in geographically isolated or strategically vital regions such as the Andaman and Nicobar Islands and Lakshadweep.
• It maintains constitutional continuity by allowing presidential governance when local legislative bodies are inactive.

Limitations and Conditions

Although Article 240 grants wide powers to the President, certain constitutional safeguards and limitations are built into the provision:

• The President’s power in Puducherry ceases once its legislative assembly becomes operational.
• These powers revive only temporarily if the assembly is dissolved or suspended.
• The exercise of power is expected to be guided by the principles of peace, progress, and good governance, as explicitly stated in the article.
• The President acts on the aid and advice of the Council of Ministers, as per Article 74, ensuring executive accountability.

Such conditions prevent arbitrary use of power and maintain democratic propriety in the governance of Union territories.

Relationship with Other Constitutional Articles

Article 240 functions within the broader framework of Union territory administration alongside related provisions:

• Article 239: Provides for the administration of all Union territories by the President through administrators.
• Article 239A: Enables the establishment of legislative assemblies and Councils of Ministers for specific Union territories, such as Puducherry.
• Article 239AA: Introduces special provisions for the National Capital Territory of Delhi.

Together, these articles create a comprehensive constitutional architecture that accommodates both direct central governance and representative local administration.

Constitutional Importance and Contemporary Relevance

Article 240 continues to play a vital role in maintaining governance stability across India’s Union territories. It reflects the asymmetrical federalism of the Indian Constitution, under which different territories are governed according to their unique administrative and political circumstances.