Article 243-L

Article 243-L of the Constitution of India extends the provisions of Part IX, relating to the Panchayati Raj system, to Union Territories. Introduced by the 73rd Constitutional Amendment Act, 1992, it ensures that the principles of democratic decentralisation and local self-governance, which are fundamental to the Panchayati Raj framework in the states, are also made applicable to the Union territories, subject to certain adaptations and modifications.

Background and Constitutional Context

The concept of Panchayati Raj Institutions (PRIs) was constitutionally established through the 73rd Amendment to promote local governance in rural areas across India. While these provisions primarily target states, Article 243-L ensures that Union territories—being directly administered by the Central Government—are not excluded from the benefits of participatory rural governance.
Prior to this amendment, Union territories had limited or no formalised structures for rural self-government. Article 243-L thus filled a constitutional gap by mandating that the framework of Part IX be extended to them, promoting uniformity in local governance across the entire Union.

Applicability of Panchayati Raj Provisions to Union Territories

Under Article 243-L(1), the provisions of Part IX apply to Union territories in the same manner as they apply to the states, unless otherwise modified. This ensures that the Union territories too adopt the three-tier structure of Panchayati Raj Institutions—Gram Panchayat, Panchayat Samiti, and Zilla Parishad—wherever feasible.
However, given the administrative and demographic diversity among Union territories, the application is not uniform. The Constitution provides the President of India with the authority to make exceptions or modifications to suit the administrative requirements of each territory.

Role of the Administrator and Legislative Assembly

Since Union territories do not have Governors, the Administrator appointed under Article 239 performs the functions that would ordinarily be discharged by the Governor in a state. Thus, wherever the Constitution mentions the Governor in the context of Panchayati Raj, it is to be read as a reference to the Administrator in Union territories.
Furthermore, if a Union territory has a Legislative Assembly, such as Delhi or Puducherry, references to the State Legislature or Legislative Assembly in the Constitution are interpreted as references to the Legislative Assembly of the Union territory. This ensures functional parity and legislative consistency.
In Union territories without legislative assemblies, the President, through the Administrator, exercises the legislative and executive powers necessary to implement Panchayati Raj provisions.

Power of the President and Scope of Modifications

Under Article 243-L(2), the President of India has the power to issue public notifications applying the provisions of Part IX to any Union territory or part thereof. These notifications may specify:

• Exceptions to particular provisions of Part IX; and
• Modifications necessary to adapt the Panchayati Raj framework to local conditions.

This flexibility allows the President to accommodate the unique political, geographical, and administrative circumstances of each Union territory. For example, smaller territories like Lakshadweep or Daman and Diu may not require a full three-tier system due to limited population and area.

Administrative Implementation and Governance Structure

The Administrator, appointed under Article 239, plays a central role in implementing Panchayati Raj provisions in Union territories. Acting under the authority of the President, the Administrator ensures:

• Constitution of Panchayati Raj bodies at the appropriate levels.
• Conduct of regular elections under the supervision of the State Election Commission (or equivalent authority).
• Maintenance of Panchayat accounts and their audit in line with Articles 243-H, 243-I, and 243-J.
• Coordination between the local self-government institutions and the territorial administration.

Where the Union territory has a Legislative Assembly, laws relating to Panchayats are enacted by that Assembly, subject to the President’s approval.

Judicial Interpretation and Case Law

Judicial pronouncements have provided important clarifications on the governance and constitutional status of Union territories, which indirectly influence the application of Article 243-L.

• K. K. Verma v. Union of India (1954): Discussed how constitutional provisions apply to Union territories and clarified their special administrative character.
• Union of India v. State of Jammu and Kashmir (2016): Emphasised the President’s powers in relation to Union territories, affirming the flexible application of constitutional provisions.
• State of U.P. v. Raj Narain (1975): While not directly on Article 243-L, it examined presidential powers in governance and the limits of executive discretion.

These judgments collectively affirm that the President’s authority under Article 243-L must be exercised to promote democratic participation and not to dilute the spirit of local self-governance.

Related Constitutional Provisions

Article 243-L operates in conjunction with several other constitutional provisions relevant to Union territories:

• Article 239: Provides for the appointment of Administrators to govern Union territories on behalf of the President.
• Article 240: Empowers the President to make regulations for the peace, progress, and good governance of certain Union territories.
• Articles 243-A to 243-K: Establish the framework for Panchayati Raj institutions, finance, and elections.

Together, these articles create a comprehensive system for decentralised governance, applicable uniformly across both states and Union territories.

Significance of Article 243-L

The inclusion of Article 243-L in the Constitution holds major democratic and administrative significance:

• It ensures that Panchayati Raj institutions—the cornerstone of rural democracy—extend beyond the states to Union territories.
• It promotes uniformity in governance, bringing the administrative structure of Union territories closer to that of states.
• It provides constitutional legitimacy to local self-government in territories directly administered by the Centre.
• It strengthens citizen participation in local decision-making processes, fostering community-led development.
• It allows administrative flexibility, enabling governance models to be adapted to the specific needs of each Union territory.

Legislative Assemblies in Union Territories

Certain Union territories, namely Delhi (National Capital Territory of Delhi) and Puducherry, have their own Legislative Assemblies. Under Article 243-L, these Assemblies are competent to enact laws relating to Panchayati Raj, similar to state legislatures.
For example:

• In Puducherry, the Puducherry Village and Commune Panchayats Act, 1973 governs the functioning of Panchayati Raj institutions.
• In Delhi, local governance functions are largely managed through the Delhi Municipal Corporation Act, aligning with the principles of decentralised administration.

Implications for Governance and Local Development

The application of Panchayati Raj provisions to Union territories has profound implications for grassroots governance:

• It enhances citizen engagement in local administration and decision-making.
• It improves accountability and transparency in rural development programmes.
• It facilitates bottom-up planning, allowing local needs and priorities to guide policy implementation.
• It bridges the governance gap between Union territories and states, ensuring equitable political participation across the Union.