Union and its Territory: Articles 1 to 4

Article 241 lets Parliament by law constitute a High Court for a Union Territory, or declare any court in a UT to be a High Court for all or any of the Constitution's purposes. Using this power, Parliament set up the Delhi High Court in 1966. Other UTs come under the High Court of a neighbouring State, for example Chandigarh under the Punjab and Haryana High Court. Appointment of judges is by the President under Article 217, and transfers are under Article 222; Article 241 does neither.

Only three statements are correct. Under Article 239, the President administers every UT through an administrator whom he appoints, with the designation he chooses: Lieutenant Governor in Delhi, Puducherry and the Andamans, and Administrator elsewhere. Under Article 246(4), Parliament can make laws for UTs on any subject, including those in the State List. Statement 4 is incorrect: unlike a Governor, who has a five-year term under Article 156, the administrator has no fixed tenure and holds office as the President decides.

Both statements are incorrect. The Constitution sets no residence or other qualification for a UT administrator; the President may appoint any person, often a retired civil servant or military officer. Statement 2 is also wrong: under Article 246(4), Parliament can legislate for UTs on any subject, and creating a legislature does not take this away. For Delhi, Article 239AA(3)(b) expressly keeps Parliament's power on any matter, and for Puducherry the Government of Union Territories Act, 1963 makes the local legislature's power subject to Parliament's laws.

Part VIII of the Constitution deals with the Union Territories. Article 239 provides for their administration by the President through an administrator. Article 239A, added in 1962, lets Parliament create local legislatures or Councils of Ministers for certain UTs, now Puducherry. Article 239B gives the administrator power to promulgate ordinances during a recess of the legislature. Article 240 gives the President power to make regulations for certain UTs. So the code is A-1, B-2, C-3, D-4.

Only two statements are correct. Under Article 239AA(3)(b), Parliament keeps its power to make laws for Delhi on any matter. Under Article 239AA(3)(c), a Delhi law that is repugnant to a law of Parliament is void to that extent, unless it was reserved for the President and received his assent. Statement 3 is incorrect: the Assembly's power covers only the State and Concurrent Lists, minus the excluded subjects, not the Union List. Statement 4 is incorrect: Assembly members are chosen by direct election.

Both statements are correct. Article 239(1) says every UT is administered by the President through an administrator with such designation as he specifies. Article 239(2) adds that the President may appoint the Governor of a State as the administrator of an adjoining UT, and that a Governor so appointed shall act independently of his Council of Ministers. The reason is that the UT is the Centre's responsibility, not the State's. The standing example is the Governor of Punjab, who has also been the Administrator of Chandigarh since 1984.

Statement 2 is correct: under Article 239B(1), the administrator of Puducherry may promulgate an ordinance when its legislature is not in session, but only after obtaining instructions from the President. Statement 1 is incorrect: the proviso to Article 239B(1) bars any ordinance while the legislature is dissolved or its functioning is suspended. In that situation the President can act directly through Article 240 regulations. An ordinance under 239B must be laid before the legislature and lapses six weeks after it reassembles.

Article 240 lets the President make regulations for the peace, progress and good government of the UTs listed in it, such as the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Puducherry (only while its legislature is suspended or dissolved). Article 240(2) says such a regulation may repeal or amend any Act of Parliament or other law applying to that UT, and has the same force and effect as an Act of Parliament. No parliamentary approval or emergency is required; it is a standing legislative power of the President.