Article 243ZB

Article 243ZB of the Indian Constitution extends the framework of local self-governance to Union territories, ensuring that the democratic principles enshrined in Part IXA—which relates to Municipalities—apply uniformly across the country. Introduced by the 74th Constitutional Amendment Act, 1992, the provision provides for the application of municipal governance provisions to Union territories with such modifications and exceptions as may be deemed necessary by the President of India. This ensures that urban local bodies in Union territories function on similar democratic lines as those in the states, while also accommodating their unique administrative structures.

Background and Constitutional Context

India’s governance system distinguishes between States and Union territories. While states possess full-fledged legislatures and governments, Union territories are administered directly by the President of India through Administrators or Lieutenant Governors. Before the 73rd and 74th Constitutional Amendments, there was no uniform framework for establishing Panchayati Raj Institutions or Municipalities in Union territories.
To bridge this gap and promote democratic decentralisation, the 74th Amendment inserted Part IXA (Articles 243P–243ZG), dealing with Municipalities, and through Article 243ZB, extended its applicability to Union territories. This constitutional design ensures that residents of Union territories enjoy the same rights of democratic participation in local governance as citizens in the states.

Applicability of Part IXA to Union Territories

Under Article 243ZB, the provisions of Part IXA, which relate to the constitution, powers, functions, and responsibilities of Municipalities, apply to Union territories as well. However, this applicability is subject to modifications and exceptions that may be prescribed by the President of India through a public notification.
In essence, the article provides a constitutional bridge that allows the urban governance model established for states to extend seamlessly to Union territories, while granting the President the discretion to tailor these provisions to suit the specific administrative requirements of each territory.

Role of the Administrator and Legislative Assembly

The constitutional interpretation of references to various authorities under this Article is adjusted for Union territories:

• Wherever the term “Governor” appears in the provisions of Part IXA, it shall be construed as a reference to the “Administrator” of the Union territory, who acts on behalf of the President.
• In Union territories having a Legislative Assembly, such as Delhi and Puducherry, references to the State Legislature or Legislative Assembly are taken to mean the Legislative Assembly of that Union territory.

This arrangement ensures administrative consistency while preserving the democratic principle of local representation. The Administrator, as the constitutional head, oversees the functioning of Municipalities in accordance with the President’s directions and the laws enacted by the Union territory’s legislature, if one exists.

Presidential Authority and Notification

A significant feature of Article 243ZB is the discretionary power of the President to determine the manner in which Part IXA is applied to Union territories. The President may:

• Issue a public notification applying all or some provisions of Part IXA to any Union territory or part thereof.
• Specify exceptions or modifications to the provisions to adapt them to the administrative circumstances of the territory.

This constitutional flexibility allows the governance structure to be customised to the size, population, and administrative complexity of each Union territory. For instance, while Delhi and Puducherry have elected Municipal Corporations and Legislative Assemblies, smaller Union territories such as Lakshadweep or Andaman and Nicobar Islands may follow a different local governance model due to their limited geographical and demographic scale.

Related Constitutional Provisions

The following constitutional articles are closely associated with Article 243ZB:

• Article 239: Provides for the administration of Union territories by the President through Administrators.
• Article 240: Empowers the President to make regulations for certain Union territories not having Legislative Assemblies.
• Article 243A: Concerns the composition and functioning of Panchayats.

Together, these provisions create an integrated system of administration, regulation, and democratic participation in Union territories.

Significance of Article 243ZB

Article 243ZB serves several critical functions in India’s constitutional and administrative framework:

• It ensures uniformity in democratic governance by applying the provisions of municipal administration to Union territories.
• It promotes local self-governance by empowering residents of Union territories to participate in urban development and decision-making.
• It strengthens decentralised governance, aligning Union territories with the constitutional vision of participatory democracy.
• It provides administrative flexibility, allowing for modifications to suit the diverse geographic and demographic conditions of Union territories.

Through these mechanisms, Article 243ZB ensures that democratic decentralisation extends beyond the states to every part of the Indian Union.

Exceptions and Modifications

Given the diverse nature of Union territories, the provision allows for exceptions and modifications to ensure practical governance. For example:

• Union territories without Legislative Assemblies, such as Chandigarh, are administered directly by the Administrator, and municipal laws are implemented through Presidential regulations rather than legislative enactments.
• In Union territories with Legislative Assemblies, such as Delhi and Puducherry, the Municipal laws are enacted by the respective Assemblies, subject to the President’s approval.

This flexibility preserves the administrative efficiency of smaller territories while ensuring democratic governance in larger and more populous ones.

Legislative Assemblies and Local Governance in Union Territories

Union territories like Delhi and Puducherry, having their own Legislative Assemblies, are significant examples of Article 243ZB in action. In these territories:

• The Legislative Assembly enacts laws concerning Municipal elections, taxation, and functioning, consistent with the Constitution.
• The Administrator or Lieutenant Governor acts as the representative of the President, ensuring that laws and policies align with national objectives.
• The State Election Commission conducts Municipal elections, ensuring that urban local bodies function as democratically elected institutions.

This system provides a model of urban governance that blends local representation with central oversight.

Implications for Governance and Administration

By extending the provisions of Part IXA to Union territories, Article 243ZB significantly enhances the democratic landscape of India. The key implications include:

• Empowerment of local bodies, enabling citizens in Union territories to participate in decision-making on matters such as urban planning, sanitation, water supply, and public health.
• Improved accountability of local authorities through constitutionally mandated institutions and processes.
• Enhanced coordination between Union territory administrations and Municipalities for efficient delivery of public services.
• Promotion of inclusive development, ensuring that even regions under direct central administration benefit from decentralised governance.