Article 237 of the Constitution of India

that the foregoing provisions of this Chapter and anyrules made thereunder shall with effect from such date asmay be fixed by him in that behalf apply in relation toany class or classes of magistrates in the State as theyapply in relation to persons appointed to the judicialservice of the State subject to such exceptions andmodifications as may be specified in the notification.Application of theprovisions of thisChapter to certainclass or classes ofmagistrates.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 236-237.)119 Act, 1956, s. 29 and Sch. 2[239. (1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by thePresident acting, to such extent as he thinks fit, throughan administrator to be appointed by him with suchdesignation as he may specify. (2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as theadministrator of an adjoining Union territory, and wherea Governor is so appointed, he shall exercise his functionsas such administrator independently of his Council ofMinisters. 3[239A. (1) Parliament may by law create 4[for the Union territory of 5[Puducherry]]— (a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for theUnion territory, or (b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law. (2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitutionfor the purposes of article 368 notwithstanding that itcontains any provision which amends or has the effect ofamending this Constitution.] 6[239AA. (1) As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, theUnion territory of Delhi shall be called the NationalAdministration ofUnion territories. Creation of local Legislatures orCouncil ofMinisters or bothfor certain Unionterritories. Special provisions with respect toDelhi. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17, for the heading “THE STATES IN PART C OF THE FIRST SCHEDULE“. 2Subs. by s. 17, ibid ., for arts. 239 and 240. 3Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 4. 4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “for any of the Union territories of Goa, Daman and Diu and Pondicherry”(w.e.f. 30-5-1987). 5Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for “Pondicherry“ (w.e.f. 1-10-2006). 6Ins. by the Constitution (Sixty-ninth Amendment) Act, 1991, s. 2 (w.e.f. 1-2-1992). Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administratorthereof appointed under article 239 shall be designatedas the Lieutenant Governor. (2) (a) There shall be a Legislative Assembly for the National Capital Territory and the seats in such Assemblyshall be filled by members chosen by direct election fromterritorial constituencies in the National Capital Territory. (b) The total number of seats in the Legislative Assembly, the number of seats reserved for ScheduledCastes, the division of the National Capital Territory intoterritorial constituencies (including the basis for suchdivision) and all other matters relating to the functioningof the Legislative Assembly shall be regulated by lawmade by Parliament. (c) The provisions of articles 324 to 327 and 329 shall apply in relation to the National Capital Territory, theLegislative Assembly of the National Capital Territoryand the members thereof as they apply, in relation to aState, the Legislative Assembly of a State and the membersthereof respectively; and any reference in articles 326 and329 to “appropriate Legislature” shall be deemed to be areference to Parliament. (3) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make lawsfor the whole or any part of the National Capital Territorywith respect to any of the matters enumerated in theState List or in the Concurrent List in so far as any suchmatter is applicable to Union territories except matterswith respect to Entries 1, 2 and 18 of the State List andEntries 64, 65 and 66 of that List in so far as they relateto the said Entries 1, 2 and 18. (b) Nothing in sub-clause ( a) shall derogate from the powers of Parliament under this Constitution to makelaws with respect to any matter for a Union territory orany part thereof. (c) If any provision of a law made by the Legislative Assembly with respect to any matter is repugnant to anyTHE CONSTITUTION OF INDIA (Part VI. —The Union territories. —Art. 239AA.)122 provision of a law made by Parliament with respect to that matter, whether passed before or after the law madeby the Legislative Assembly, or of an earlier law, otherthan a law made by the Legislative Assembly, then, ineither case, the law made by Parliament, or, as the casemay be, such earlier law, shall prevail and the law madeby the Legislative Assembly shall, to the extent of therepugnancy, be void: Provided that if any such law made by the Legislative Assembly has been reserved for the consideration of thePresident and has received his assent, such law shallprevail in the National Capital Territory: Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any lawwith respect to the same matter including a law addingto, amending, varying or repealing the law so made bythe Legislative Assembly. (4) There shall be a Council of Ministers consisting of not more than ten per cent. of the total number ofmembers in the Legislative Assembly, with the ChiefMinister at the head to aid and advise the LieutenantGovernor in the exercise of his functions in relation tomatters with respect to which the Legislative Assemblyhas power to make laws, except in so far as he is, by orunder any law, required to act in his discretion: Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers onany matter, the Lieutenant Governor shall refer it to thePresident for decision and act according to the decisiongiven thereon by the President and pending such decisionit shall be competent for the Lieutenant Governor in anycase where the matter, in his opinion, is so urgent thatit is necessary for him to take immediate action, to takesuch action or to give such direction in the matter as hedeems necessary. (5) The Chief Minister shall be appointed by the President and other Ministers shall be appointed bythe President on the advice of the Chief Minister and theTHE CONSTITUTION OF INDIA (Part VI. —The Union territories. —Art. 239AA.)123 Ministers shall hold office during the pleasure of the President. (6) The Council of Ministers shall be collectively responsible to the Legislative Assembly. 1[(7) ( a)] Parliament may, by law, make provisions for giving effect to, or supplementing the provisions containedin the foregoing clauses and for all matters incidental orconsequential thereto. 2[(b) Any such law as is referred to in sub-clause ( a) shall not be deemed to be an amendment of thisConstitution for the purposes of article 368notwithstanding that it contains any provision whichamends or has the effect of amending, this Constitution.] (8) The provisions of article 239B shall, so far as may be, apply in relation to the National Capital Territory, theLieutenant Governor and the Legislative Assembly, asthey apply in relation to the Union territory of 3[Puducherry], the administrator and its Legislature, respectively; and any reference in that article to“clause (1) of article 239A” shall be deemed to be areference to this article or article 239AB, as the case maybe. 239AB. If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied— (a) that a situation has arisen in which the administration of the National Capital Territorycannot be carried on in accordance with theprovisions of article 239AA or of any law made inpursuance of that article; or (b) that for the proper administration of the National Capital Territory it is necessary or expedientso to do, the President may by order suspend the operation of any provision of article 239AA or of all or any of the 1Subs. by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for “(7)” (w.e.f. 21-12-1991). 2Ins. by s. 3, ibid. (w.e.f. 21-12-1991). 3Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for “Pondicherry“ (w.e.f. 1-10-2006).Provision in case of failure ofconstitutionalmachinery.THE CONSTITUTION OF INDIA (Part VI. —The Union territories. —Arts. 239AA-239AB.)124 provisions of any law made in pursuance of that article for such period and subject to such conditions as may bespecified in such law and make such incidental andconsequential provisions as may appear to him to benecessary or expedient for administering the NationalCapital Territory in accordance with the provisions ofarticle 239 and article 239AA. 1[239B. (1) If at any time, except when the Legislature of 2[the Union territory of 3[Puducherry]] is in session, the administrator thereof is satisfied that circumstances existwhich render it necessary for him to take immediateaction, he may promulgate such Ordinances as thecircumstances appear to him to require: Provided that no such Ordinance shall be promulgated by the administrator except after obtaininginstructions from the President in that behalf: Provided further that whenever the said Legislature is dissolved, or its functioning remains suspended onaccount of any action taken under any such law as isreferred to in clause (1) of article 239A, the administratorshall not promulgate any Ordinance during the periodof such dissolution or suspension. (2) An Ordinance promulgated under this article in pursuance of instructions from the President shall bedeemed to be an Act of the Legislature of the Unionterritory which has been duly enacted after complyingwith the provisions in that behalf contained in any suchlaw as is referred to in clause (1) of article 239A, butevery such Ordinance— (a) shall be laid before the Legislature of the Union territory and shall cease to operate at the 1Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f. 30-12-1971). 2Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “a Union territory referred to in clause (1) of article 239A”(w.e.f. 30-5-1987). 3Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for “Pondicherry“ (w.e.f. 1-10-2006).Power of administrator topromulgateOrdinances duringrecess ofLegislature.THE CONSTITUTION OF INDIA (Part VI. —The Union territories. —Arts. 239AB-239B.)125 expiration of six weeks from the reassembly of the Legislature or if, before the expiration of that period, a resolution disapproving it is passed by the Legislature, upon the passing of the resolution; and (b) may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, it shall be void.] 1* * * *