Article 242

Article 242 of the Constitution of India, though now repealed, once served as an important transitional provision dealing with the administration of certain Union Territories in the early years after India’s independence. It was part of the original constitutional framework designed to enable Parliament to make laws for the governance of territories that were not incorporated into states. Its subsequent repeal through the Constitution (Seventh Amendment) Act, 1956, reflects the ongoing evolution and rationalisation of India’s constitutional system.

Original Purpose and Context

When the Constitution of India came into force in 1950, the country’s administrative divisions were not as uniform as they are today. Apart from states, there existed several Part C and Part D territories, which were directly administered by the Union Government. Article 242 was introduced to provide Parliament with the authority to legislate for the administration of these Union Territories, ensuring effective governance during the transition from colonial rule to a democratic framework.
The article was initially seen as a necessary constitutional mechanism to ensure that newly acquired or centrally administered territories had a legal structure for administration, pending their integration or reorganisation within the Indian Union.

Repeal through the Constitution (Seventh Amendment) Act, 1956

The Constitution (Seventh Amendment) Act, 1956, marked a watershed moment in India’s political geography. The amendment abolished the classification of states into Part A, Part B, Part C, and Part D categories, creating instead a uniform division between States and Union Territories.
In this comprehensive reorganisation, Article 242 was repealed because its provisions had become redundant. The legislative and administrative powers it once conferred were redistributed across other constitutional articles, notably Articles 239 to 241.
The repeal was part of a broader movement to streamline governance and reduce overlap between different constitutional provisions. It ensured that Union Territories were governed under a consistent and modernised legal framework.

Reason for Repeal and Administrative Reorganisation

The principal reasons for repealing Article 242 included:

• Administrative rationalisation: To eliminate duplication of provisions and simplify the governance framework for Union Territories.
• Territorial reorganisation: The reclassification and merger of several territories made Article 242 unnecessary.
• Integration of governance: To bring Union Territories under a uniform constitutional scheme governed by specific and well-defined articles.

Following the repeal, administrative authority over Union Territories was structured under Article 239, which made the President responsible for their administration through appointed administrators or Lieutenant Governors.

Current Constitutional Framework

After the repeal of Article 242, the administration of Union Territories is now governed by the following provisions:

• Article 239: Deals with the administration of Union Territories by the President through administrators.
• Article 239A: Introduced later to provide for Legislative Assemblies and Councils of Ministers in certain Union Territories.
• Article 239AA: Establishes special provisions for Delhi, granting it an elected Legislative Assembly and a Council of Ministers.
• Article 239AB: Empowers the President to assume control of the administration in Delhi in case of constitutional breakdown.
• Article 240: Gives the President the power to make regulations for certain Union Territories.
• Article 241: Relates to the establishment and jurisdiction of High Courts for Union Territories.

Together, these articles ensure that all Union Territories are covered by clear and comprehensive administrative provisions, eliminating the need for a separate article such as the former Article 242.

Absence of Judicial Interpretation

Since Article 242 was repealed at an early stage of India’s constitutional evolution, no significant judicial interpretation or Supreme Court judgment has been delivered on it. It remained a transitional and largely administrative provision, with limited direct applicability in litigation or judicial review. Consequently, there are no landmark cases associated with its interpretation.

Role of Law Commission and Administrative Reforms

The Law Commission of India and the Administrative Reforms Commission have consistently supported the idea of a unified legal framework for the administration of Union Territories. These bodies emphasised that multiple overlapping provisions created confusion and inefficiency.
Their recommendations guided Parliament in consolidating and simplifying the legal structure through amendments, leading to the streamlined and integrated system that operates today.

Examination Relevance and Key Facts

Article 242 continues to hold academic and examination relevance, especially for students of constitutional law and civil services aspirants. The following facts are noteworthy:

• Original purpose: Empowered Parliament to make laws for the administration of certain Union Territories.
• Repeal: Occurred through the Constitution (Seventh Amendment) Act, 1956.
• Post-repeal framework: Administration governed by Articles 239 to 241.
• No judicial interpretation: The article was never subjected to substantive Supreme Court scrutiny.
• Constitutional significance: Demonstrates the adaptability and reformist nature of the Indian Constitution.

In various examinations, Article 242 has been referred to in questions such as:

• UPSC Prelims 2016: Original purpose of Article 242.
• UPSC Prelims 2018: Current status—repealed.
• UPSC Mains 2016 and 2019: Discussion on the impact of its repeal and the evolution of Union Territory governance.

Broader Constitutional Significance

The repeal of Article 242 exemplifies the dynamic and flexible character of the Indian Constitution. It highlights how constitutional mechanisms evolve in response to administrative necessities and national reorganisation. The removal of redundant provisions ensured that the constitutional framework remained coherent and relevant to the political realities of the nation.
By transferring its functions to other provisions, the Constitution reinforced the principle of administrative unity while maintaining the federal balance between the Union and the territories under its direct control.
The episode also underscores the Constitution’s capacity for self-correction, demonstrating that its framers provided mechanisms for continuous evolution in keeping with India’s changing governance needs.

Legacy and Contemporary Relevance

Although no longer operative, Article 242 holds historical importance as part of the constitutional journey of India’s territorial administration. It serves as a reminder of the early challenges faced in governing a diverse nation with inherited colonial boundaries and varied administrative systems.