Part VIII - The Union Territories • Article

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

Article 240 empowers the President of India to issue regulations for the peace, progress, and good government of Andaman & Nicobar, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, and Puducherry. These regulations have the same force as an Act of Parliament. However, for Puducherry, the President's power is suspended once its legislature meets, but is restored if the legislature is dissolved or suspended.

Official Text

[(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; (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.]

Simple Meaning

Explain Like Ten

For Union Territories that do not have their own assemblies (like Lakshadweep or Andaman & Nicobar), the President of India has the power to write laws directly for them. These laws are just as powerful as if Parliament had passed them.

Student Mode

Article 240 gives the President of India the power to make regulations for the peace, progress, and good government of specific Union Territories (Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, and Puducherry). Under Article 240(2), these Presidential regulations hold the power to repeal or amend any Act of Parliament applicable to the territory.

Example

If Dadra and Nagar Haveli and Daman and Diu requires an urgent land reform rule, the President can promulgate a regulation under Article 240. This regulation has the full authority of a parliamentary law and applies directly to the UT.

Key Takeaway

Article 240 gives the President direct legislative regulation-making power over specific Union Territories to ensure their stability and progress.

FAQs

Which UTs can the President make regulations for under Article 240?

Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, and Puducherry.

Can the President make regulations for Puducherry at any time?

No. The President cannot make regulations for Puducherry once its legislature is created and active. However, this power is restored if the Puducherry legislature is dissolved or suspended.

Can a Presidential regulation override an Act of Parliament?

Yes, Article 240(2) states that a Presidential regulation may repeal or amend any Act of Parliament applicable to the Union Territory.

Quiz

A regulation made by the President under Article 240 has the same force and effect as:

Answer: An Act of Parliament

For Puducherry, the President's power to make regulations under Article 240 is suspended:

Answer: When the local legislature holds its first meeting