Article 240 of the Costitution of India with Case law
Article 240 of the Constitution of India
Title: Power of President to make regulations for certain Union territories
Text of Article 240 (As of 2024):
(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) Ladakh
In the case of Puducherry, the President’s powers to make regulations apply only when the Legislative Assembly is either suspended or dissolved.
(2) Any regulation so made may repeal or amend any Act made by Parliament for that territory, and shall be deemed to be a law made by Parliament.
Key Features:
Applicability:
Applies to Union Territories without full-fledged legislatures (or where legislatures are dissolved/suspended).
Does not apply to Delhi and Puducherry under normal circumstances (they have elected assemblies).
Presidential Power:
The President can legislate by regulation for peace, progress, and good governance.
These regulations can override even Parliamentary laws applicable to the concerned UT.
Regulations = Parliamentary Law:
Regulations made under Article 240 are treated as if they were laws enacted by Parliament.
No Need for Legislative Process:
The process bypasses the usual legislative procedure—it's an executive legislative power.
Case Laws Related to Article 240:
⚖ T. M. Kanniyan v. I.T.O. (1968) AIR 1968 SC 367
Issue: Power of the President under Article 240(1) to amend existing central legislation.
Held: Regulations made by the President under Article 240(1) are valid and binding, and they can override central laws for the concerned Union Territories.
Significance: Validated the extraordinary legislative powers of the President in UTs.
⚖ A.S. Krishna v. State of Madras
AIR 1957 SC 297
Though not directly on Article 240, the case laid down the principle of separation of powers, and emphasized that delegated legislation (like regulations under Article 240) must be constitutionally traceable.
Helps explain why Article 240’s delegation is explicit and limited to UTs.
⚖ Union of India v. Gajanan Mahadev Muktibodh
(1997)
Concerned dismissal of a government servant in a UT governed by Presidential regulations.
Held: Presidential regulations under Article 240 have the full force of law, and executive actions taken under such laws are valid.
Example of Use:
The Andaman and Nicobar Islands (Municipal Regulation), 1994
Enacted by the President under Article 240 to regulate local self-government in the UT.
Ladakh post-2019:
After its formation as a UT, several regulations governing land, services, and governance were made under Article 240.
Conclusion:
Article 240 grants the President quasi-legislative powers over select Union Territories. This provision is a crucial tool for governance in territories without elected legislative assemblies, ensuring the Central Government can quickly frame laws suited to the UT’s specific needs.
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