What is Article 240 of Indian Constitution – Defination & Meaning

Article 240: Power of President to make regulations for certain Union territories (1) The President may make regulations for the peace, progress and good
📅 Part VIII – The Union Territories
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Article Number

240

part

Part VIII – The Union Territories

Status

Active

Bare Acts Text

Article 240: Power of President to make regulations for certain Union territories

  • (1) The President may make regulations for the peace, progress and good government of the Union territory of—
    • (a) the Andaman and Nicobar Islands;
    • (b) Lakshadweep;
    • (c) Dadra and Nagar Haveli and Daman and Diu;
    • (d) ***;
    • (e) Puducherry;
  • Provided that when any body is created under article 239A to function as a Legislature for the Union territory of Puducherry, the President shall not make any regulation for the peace, progress and good government of that Union territory with effect from the date appointed for the first meeting of the Legislature:
  • Provided further that whenever the body functioning as a Legislature for the Union territory of Puducherry is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the President may, during the period of such dissolution or suspension, make regulations for the peace,
    progress and good government of that Union territory.
  • (2) Any regulation so made may repeal or amend any Act made by Parliament or any other law, which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory.
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Full Definition & Explanation

Article 240 gives the President of India the authority to create regulations for the Union territories. This includes areas like Andaman and Nicobar Islands, Lakshadweep, and Puducherry. The President can exercise this power when there is no legislative body in place, particularly in Puducherry, which can have its own legislature under Article 239A. If the legislature is dissolved or suspended, the President can step in and make regulations to ensure effective governance. The regulations made by the President can override existing laws made by Parliament or any other authority. This means that when the President issues a regulation, it carries the same weight as an Act of Parliament in the affected Union territory. This provision is designed to maintain order and governance in regions that may not have a fully functional legislative framework, ensuring that citizens in these areas still receive governance and services. Real-world implications of Article 240 can be seen in how it allows for quick governance in Union territories. For instance, if an urgent law is needed to address a local issue in Lakshadweep, the President can enact a regulation swiftly without waiting for legislative approval. However, this power is not absolute, as it is limited by the presence of a legislative body in Puducherry. This balance aims to ensure that governance is adaptable to the unique circumstances of each Union territory.

Historical Context

Article 240 was included in the Constitution when it was adopted in 1950. During the Constituent Assembly debates, members recognized the need for direct governance in Union territories, especially those without established legislative frameworks. It has not been amended since its inception, reflecting its ongoing relevance. Notable Supreme Court cases, such as ‘Minerva Mills v. Union of India’ in 1975, have underscored the importance of maintaining order in these regions. This article is critical for addressing governance challenges and ensuring effective administration.

Key Features

– The President can make regulations for specific Union territories.
– Regulations can override existing laws made by Parliament.
– This power applies mainly when no legislature exists.
– Puducherry’s legislative assembly can limit the President’s regulatory powers.
– Regulations have the same authority as Acts of Parliament.

Importance & Impact

– The President ensures governance in Union territories without a legislature.
– Regulations can be enacted quickly to address urgent local issues.
– The legislative assembly in Puducherry directly affects the President’s regulatory authority.
– The President’s power allows for timely responses to local governance needs.
– This mechanism balances direct governance with the powers of local legislative bodies.

Sample UPSC Question

Which of the following statements about Article 240 of the Indian Constitution is correct? A) It applies only to states, not Union territories. B) The President can make regulations for Union territories when no legislative body exists. C) Regulations made by the President cannot override existing laws. D) Puducherry has no special legislative provisions under this article. Explain your choice and why the other options are incorrect.

Answer

The correct answer is B. Article 240 allows the President to make regulations for Union territories when there is no legislative assembly in place. Options A and C are incorrect because Article 240 specifically applies to Union territories and the regulations can override existing laws. Option D is also incorrect as Puducherry has specific provisions regarding its legislative assembly under Article 239A.

Key Takeaways

✓ The President can govern Union territories directly through regulations.
✓ Regulations have equal authority as laws made by Parliament.
✓ Puducherry has specific provisions regarding its legislative body and governance.
✓ The Article ensures timely responses to local governance challenges.
✓ This mechanism balances direct governance with local legislative powers.

FAQs

Article 240 gives the President of India the authority to create regulations for the Union territories. This includes areas like Andaman and Nicobar Islands, Lakshadweep, and Puducherry. The President can exercise this power when there is no legislative body in place, particularly in Puducherry, which can have its own legislature under Article 239A.

This means that when the President issues a regulation, it carries the same weight as an Act of Parliament in the affected Union territory. This provision is designed to maintain order and governance in regions that may not have a fully functional legislative framework, ensuring that citizens in these areas still receive governance and services. Real-world implications of Article 240 can be seen in how it allows for quick governance in Union territories.

For instance, if an urgent law is needed to address a local issue in Lakshadweep, the President can enact a regulation swiftly without waiting for legislative approval. However, this power is not absolute, as it is limited by the presence of a legislative body in Puducherry. This balance aims to ensure that governance is adaptable to the unique circumstances of each Union territory.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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