Application of the provisions of this Chapter to certain class or classes of

magistrates:- The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification. 118 THE CONSTITUTION OF INDIA PART - VIII 1 [THE UNION TERRITORIES] 2 [239. Administration of Union territories:- (1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify. (2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.] 3 [239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories:- (1) Parliament may by law create 4[for the Union territory of 5[Puducherry]—] (a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or (b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law. (2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.] 6 [239AA. Special provisions with respect to Delhi:- (1) As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall be called the National Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor. (2) (a) There shall be a Legislative Assembly for the National Capital Territory and the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory. 1. Substituted by the Constitution (Seventh Amendment) Act, 1956, s.17, for the heading “THE STATES IN PART C OF THE FIRST SCHEDULE” (w.e.f. 1.11.1956). 2. Substituted by ibid., for articles 239 and 240. 3. Inserted by the Constitution (Fourteenth Amendment) Act, 1962, s.4 (w.e.f. 28.12.1962). 4. Substituted by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s.63, for “for any of the Union territories of Goa, Daman and Diu and Pondicherry” (w.e.f. 30.5.1987). 5. Substituted by the Pondicherry (Alteration of Name) Act, 2006), s.4, for “Pondicherry” (w.e.f. 1.10.2006). 6. Inserted by the Constitution (Sixty-ninth Amendment) Act, 1991, s.2 (w.e.f. 1.2.1992). 119 THE CONSTITUTION OF INDIA (Part VIII. — The Union Territories) (b) The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled Castes, the division of the National Capital Territory into territorial constituencies (including the basis for such division) and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament. 1 [(ba) Seats shall be reserved for women in the Legislative Assembly of the National Capital Territory of Delhi. (bb) As nearly as may be, one-third of the seats reserved for the Scheduled Castes in the Legislative Assembly of the National Capital Territory of Delhi shall be reserved for women. (bc) As nearly as may be, one-third of the total number of seats to be filled by direct election in the Legislative Assembly of the National Capital Territory of Delhi (including the number of seats reserved for women belonging to the Scheduled Castes) shall be reserved for women in such manner as Parliament may by law determine.] (c) The provisions of articles 324 to 327 and 329 shall apply in relation to the National Capital Territory, the Legislative Assembly of the National Capital Territory and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively; and any reference in articles 326 and 329 to “appropriate Legislature” shall be deemed to be a reference to Parliament. (3) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2 and 18. (b) Nothing in sub-clause (a) shall derogate from the powers of Parliament under this Constitution to make laws with respect to any matter for a Union territory or any part thereof. (c) If any provision of a law made by the Legislative Assembly with respect to any matter is repugnant to any provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative Assembly, then, in either case, the law made by Parliament, or, as the case may be, such earlier law, shall prevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void: 1. Inserted by the Constitution (One hundred and Sixth Amendment) Act, 2023, s.2. 120 THE CONSTITUTION OF INDIA (Part VIII. — The Union Territories) Provided that if any such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the National Capital Territory: Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly. (4) There shall be a Council of Ministers consisting of not more than ten per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion: Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary. (5) The Chief Minister shall be appointed by the President and other Ministers shall be appointed by the President on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of the President. (6) The Council of Ministers shall be collectively responsible to the Legislative Assembly. 1 [(7) (a)] Parliament may, by law, make provisions for giving effect to, or supplementing the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto. 2 [(b)Any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending, this Constitution.] 1. Substituted by the Constitution (Seventieth Amendment) Act, 1992, s.3, for “(7)” (w.e.f. 21.12.1991). 2. Substituted by the Constitution (Seventieth Amendment) Act, 1992, s.3 (w.e.f.21.12.1991). 121 THE CONSTITUTION OF INDIA (Part VIII. — The Union Territories) (8) The provisions of article 239B shall, so far as may be, apply in relation to the National Capital Territory, the Lieutenant Governor and the Legislative Assembly, as they apply in relation to the Union territory of 1[Puducherry], the administrator and its Legislature, respectively; and any reference in that article to “clause (1) of article 239A” shall be deemed to be a reference to this article or article 239AB, as the case may be. 239AB. Provision in case of failure of constitutional machinery:- If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied— (a) that a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with the provisions of article 239AA or of any law made in pursuance of that article; or (b) that for the proper administration of the National Capital Territory it is necessary or expedient so to do, the President may by order suspend the operation of any provision of article 239AA or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions as may be specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the National Capital Territory in accordance with the provisions of article 239 and article 239AA.] 2 [239B. Power of administrator to promulgate Ordinances during recess of Legislature:- (1) If at any time, except when the Legislature of 3[the Union territory of 4 [Puducherry]] is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: 1. Substituted by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s.4, for “Pondicherry” (w.e.f. 1.10.2006). 2. Inserted by the Constitution (Twenty-seventh Amendment) Act, 1971, s.3 (w.e.f. 30.12.1971). 3. Substituted by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) s.63, for “for any of the Union territory referred to in clause (1) article 239A” (w.e.f. 30.5.1987). 4. Substituted by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s.4, for “Pondicherry” (w.e.f. 1.10.2006). ¿êÆæÿ™èþ Æ>gêÅ…Væü… 121 (¿êVæüÐ@þ¬ VIII. - Móü…{§æþ ´ëÍ™èþ {´ë…™èþÐ@þ¬Ë$) (8) 239½ BÇtMæüÌŒýÌZ° °º…«§æþ¯@þË$ Móü…{§æþ´ëÍ™èþ {´ë…™èþOÐðþ$¯@þ 1[ç³#§æþ$^óþeÇ]Mìü §é° ç³Ç´ëËMæü$°Mìü Ð@þ$ÇĶý¬ §é° Ô>çܯ@þ Ð@þ$…yæþÍMìü çÜ…º…«¨…_ Ð@þÇ¢…_¯@þr$ÏV>¯óþ ÒOÌñý¯@þ…™èþÐ@þÆæÿMæü$ Ð@þÆæÿ$çÜV> AÑ gê¡Ä¶ý$ Æ>f«§é° {´ë…™èþÐ@þ¬¯@þMæü$, §é° Ìñýíœt¯ðþ…r$ VæüÐ@þÆæÿ²ÆŠÿMæü$ Ð@þ$ÇĶý¬ §é° Ô>çܯ@þçÜ¿¶ýMæü$ çÜ…º…«¨…_ Ð@þÇ¢…^èþÐ@þÌñý¯@þ$ Ð@þ$ÇĶý¬ B BÇtMæüÌŒýÌZ° ""239H BÇtMæüÌŒý M>ÏgŒý (1)Mìü'' ^óþíܯ@þ HO§ðþ¯é °ÆóÿªÔ¶ýÐ@þ¬¯@þ$ D BÇtMæüÌŒý¯@þMæü$ Ìôý§é çÜ…§æþÆ>¯@þ$ÝëÆæÿÐ@þ¬V> 239H½ BÇtMæüÌŒý¯@þMæü$ ^óþíܯ@þ °ÆóÿªÔ¶ýÐ@þ¬V> ¿êÑ…^èþÐ@þÌñý¯@þ$. 239H½. Æ>gêÅ…Væüç³ÆæÿOÐðþ$¯@þ Ķý$…{™é…VæüÐ@þ¬ ÑçœËOÐðþ$¯@þ çÜ…§æþÆæÿÂ…ÌZ °º…«§æþ¯@þ:& Ìñýíœt¯ðþ…sŒý VæüÐ@þÆæÿ²Ææÿ$ ¯@þ$…yìþ °Ðóþ¨Mæü A…¨¯@þ Ò$§æþr ÌôýMæü C™èþÆæÿ Ñ«§æþÐ@þ¬V>, Æ>çى糆,& (G) BÇtMæüÌŒý 239&HH Ìôý§é B BÇtMæüÌŒý¯@þ$ A¯@þ$çÜÇ…_ ^óþíܯ@þ Ô>çܯ@þÐ@þ¬ÌZ° °º…«§æþ¯@þËMæü$ A¯@þ$Væü$×ý…V> gê¡Ä¶ý$ Æ>f«§é° {´ë…™èþÐ@þ¬ÌZ ç³Ç´ë˯@þ ÝëVæüsê°Mìü ÒË$Ìôý° ç³Çíܦ† E¯@þ²§æþ°, Ìôý§é (¼) gê¡Ä¶ý$ Æ>f«§é° {´ë…™èþÐ@þ¬ÌZ çÜÐ@þ¬_™èþ ç³Ç´ë˯@þ MöÆæÿMæü$ B Ñ«§æþ…V> ^óþĶý$r… AÐ@þçÜÆæÿÐ@þ$° Ìôý§é Eç³Äñý*VæüMæüÆæÿÐ@þ$° Æ>çى糆 çÜ…™èþ–í³¢ ^ðþ…¨¯@þç³#yæþ$, BÇtMæüÌŒý 239 Ð@þ$ÇĶý¬ BÇtMæüÌŒý¯@þ$ 239&HH ËÌZ° °º…«§æþ¯@þËMæü¯@þ$Væü$×ý…V> gê¡Ä¶ý$ Æ>f«§é° {´ë…™èþÐ@þ¬ÌZ ç³Ç´ë˯@þ Mö¯@þÝëW…^èþyé°Mìü ™èþ¯@þ §æþ–íÙtÌZ AÐ@þçÜÆæÿÐ@þ$° Ð@þ$ÇĶý¬ Eç³Äñý*VæüMæüÆæÿÐ@þ$° ¿êÑ…_¯@þ çÜ…§æþÆ>¯@þ$ÝëÆæÿ Ð@þ$ÇĶý¬ ç³ÆæÿÅÐ@þÝë¯@þ °º…«§æþ¯@þ˯@þ$ Asìýt Ô>çܯ@þÐ@þ¬ÌZ °ÇªçÙtç³Ææÿ^èþ$^èþ* Ð@þ$ÇĶý¬ Asìýt M>ËÐ@þÅÐ@þ«¨Mìü Ð@þ$ÇĶý¬ Asìýt °Ä¶ý$Ð@þ$Ð@þ¬ËMæü$ ÌZºyìþ E…yæþ$¯@þr$Ï BÇtMæüÌŒý 239&HH ÌZ° HO§ðþ¯é ÌôýMæü A°² °º…«§æþ¯@þ˯@þ$ ÌôýMæü B BÇtMæüÌŒý¯@þMæü$ A¯@þ$Væü$×ý…V> ^óþíܯ@þ HO§ðþ¯é Ô>çܯ@þÐ@þ¬ Äñý¬MæüP HOÐðþ¯é °º…«§æþ¯@þË AÐ@þ$Ë$¯@þ$ Æ>çى糆 ™èþ¯@þ E™èþ¢Ææÿ$Ð@þ# §éÓÆ> ™é™éPÍMæü…V> °Ë$ç³#§æþË ^óþĶý$Ð@þ^èþ$a¯@þ$.] 2 [239½. Ô>çܯ@þÐ@þ$…yæþÍ Äñý¬MæüP ÑÆ>Ð@þ$ M>ËÐ@þ¬ÌZ A«§éŧóþÔ¶ýÐ@þ¬Ë¯@þ$ gêÈ ^óþĶý¬rMæü$ ç³Ç´ëËMæü$¯@þMæü$ VæüË A«¨M>ÆæÿÐ@þ¬:& (1) H çÜÐ@þ$Ķý$Ð@þ¬ÌZO¯ðþ¯é 3[4[ç³#§æþ$^óþeÇ] Móü…{§æþ ´ëÍ™èþ {´ë…™èþÐ@þ¬ Äñý¬MæüP]] Ô>çܯ@þÐ@þ$…yæþÍ çÜÐ@þ*ÐóþÔ¶ýÐ@þ¬ÌZ E¯@þ²ç³šyæþ$ ™èþç³µ, G糚Oyðþ¯@þ¯@þ$ ™é¯@þ$ Ððþ…r¯óþ ^èþÆæÿÅ ¡çÜ$Mö¯@þ$rMæü$ AÐ@þçÜÆæÿOÐðþ$¯@þ ç³Çíܦ™þè $Ë$ MæüËÐ@þ° B Móü…{§æþ ´ëÍ™èþ {´ë…™èþ M>ÆæÿÅ°ÆæÿÓçßýMæü$yæþ$ AÀ{´ëĶý$ç³yìþ¯@þ^ø, B ç³Çíܦ™èþ$ËÌZ AÐ@þçÜÆæÿÐ@þ$° BĶý$¯@þMæü$ ™ø^èþ$¯@þsìýt A«§éŧóþÔ¶ýÐ@þ¬Ë¯@þ$ BĶý$¯@þ gêÈ ^óþĶý$Ð@þ^èþ$a¯@þ$: 1. ´ë…yìþ^óþeÇ (õ³Ææÿ$ Ð@þ*Ææÿ$µ) ^èþrtÐ@þ¬, 2006 (2006ÌZ° 44Ð@þ¨) Äñý¬MæüP 4Ð@þ òÜ„æü¯Œþ §éÓÆ> 1.10.2006 ¯@þ$…yìþ ""´ë…yìþ^óþeÇ'' A¯@þ$ 糧æþÐ@þ¬¯@þMæü$ º§æþ$Ë$V> E…^èþºyìþ¯@þ¨. 2. Æ>gêÅ…Væü (CÆæÿ$Ð@þ¨ HyæþÐ@þ çÜÐ@þÆæÿ×ý) ^èþrtÐ@þ¬, 1971 Äñý¬MæüP 3Ð@þ òÜ„æü¯Œþ §éÓÆ> 30.12.1971 ¯@þ$…yìþ ^öí³µ…^èþºyìþ¯@þ¨.