Part VIII of Indian Constitution: Administration of Union Territories (Articles 239-242)
IMPORTANT LINKS
Part 8 of the Indian Constitution
Part 8 of Indian Constitution deals with the Union Territories and includes Articles 239 to 242. It describes the administration, governance, and powers of Union Territories.
Part |
Articles |
Description |
Part VIII |
Articles 239-242 |
The Union Territories |
Part 8 of Indian Constitution Overview
Part 8 of Indian Constitution, titled "The Union Territories," defines the administrative structure and powers related to Union Territories (UTs) in India. Covering Articles 239 to 242, it explains how UTs are governed by the Central Government, with provisions for Legislative Assemblies, Councils of Ministers, and special rules for the National Capital Territory of Delhi. This part is key to understanding the governance of Union Territories under the Indian Constitution.
Download 5 Key Takeaways on Part 8 of Indian Constitution PDF
Part 8 of Indian Constitution Scheme
Following is a brief scheme of Part VIII of Indian Constitution :
Part |
Articles |
Description |
Part VIII |
Administration of Union territories |
|
- |
Article 239A |
Creation of local Legislatures or Council of Ministers or both for certain Union territories |
Article 239AA |
Special provisions with respect to Delhi |
|
Article 239 AB |
Provision in case of failure of constitutional machinery |
|
Article 239B |
Power of administrator to promulgate Ordinances during recess of Legislature |
|
Power of President to make regulations for certain Union territories |
||
Article 241 |
High Courts for Union territories |
|
Article 242 |
Repealed |
Part 8 of Indian Constitution Cases
Here are few landmark cases related to Part VIII of the Indian Constitution -
- Government of NCT of Delhi v. Union of India (2018):
This landmark case clarified the distribution of powers between the Delhi Government and the Lieutenant Governor, under Article 239AA, which falls within Part 8 of the Constitution. The Supreme Court ruled that the Lieutenant Governor is bound by the aid and advice of the elected Delhi government, except in matters of land, police, and public order. The judgment upheld the spirit of democratic governance and emphasized cooperative federalism in the administration of Union Territories. - NDMC v. State of Punjab (1997):
This case addressed the status and powers of Union Territories in legislative matters under Article 239 of Part 8. The Court held that Union Territories are centrally administered and do not enjoy the same legislative autonomy as states, unless specifically provided (as in Delhi or Puducherry). It reaffirmed that the President administers UTs through an appointed administrator, maintaining the unitary character of Union Territory governance under Part VIII.
Part 8 of Indian Constitution-FAQs
What is Part 8 of Indian Constitution?
Part 8 of Indian Constitution explains the administration of Union Territories (UTs) by the Central Government.
What is the eighth part of Indian Constitution about?
It covers Articles 239 to 242, focusing on the governance, powers, and special provisions for Union Territories, including Delhi.
What is Section 8 of the Constitution of India?
There is no Section 8 in the Constitution; instead, it is divided into Parts and Articles, and Part 8 deals with Union Territories.
What does Article 239 in Part 8 of Indian Constitution state?
Article 239 allows the President to govern Union Territories through an appointed administrator.
What is Schedule 8 of the Constitution?
Schedule 8 is different from Part 8; it lists the 22 official languages recognized by the Indian Constitution.