Article 239 and Article 239A of the Constitution of India
Part VIII of the Constitution deals with Union Territories. Article 239 provides the general constitutional framework for their administration, while Article 239A enables Parliament to create a Legislature, a Council of Ministers, or both for Puducherry.
Article 239 - Administration of Union Territories
Meaning: Article 239 establishes the ordinary constitutional method for administering a Union Territory. Unless Parliament provides otherwise by law, the President administers every Union Territory through an administrator appointed by the President.
Clause (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.
Clause (2): Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory. When so appointed, the Governor exercises the functions of administrator independently of the State Council of Ministers.
What Article 239 means
The expression "Save as otherwise provided by Parliament by law" preserves Parliament's power to create a different statutory arrangement for a Union Territory. The administrator is appointed by the President and may carry a designation appropriate to the particular Union Territory. Clause (2) also permits the Governor of an adjoining State to serve separately as administrator of a Union Territory.
Article 239A - Legislature or Council of Ministers for certain Union Territories
Meaning: Article 239A is an enabling provision. It authorises Parliament to create for Puducherry a Legislature, a Council of Ministers, or both, and to determine their constitution, powers and functions by law.
Clause (1): Parliament may by law create for the Union territory of 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 as may be specified in the law.
Clause (2): A law made under clause (1) is not treated as a constitutional amendment for the purposes of Article 368 merely because it contains a provision that amends, or has the effect of amending, the Constitution.
Law made under Article 239A
Parliament enacted the Government of Union Territories Act, 1963. In its present form, that Act provides the statutory framework for the Legislative Assembly and Council of Ministers of Puducherry, together with related matters.
Article 239 and Article 239A - Key distinction
Article 239 is the general rule for administration of Union Territories through the President and an appointed administrator. Article 239A is a specific enabling provision under which Parliament may establish representative and ministerial institutions for Puducherry. The two provisions therefore operate together with laws enacted by Parliament.
Official legal sources
Related constitutional provisions
For the wider constitutional scheme governing Union Territories, see Articles 239B and 240 on Ordinances and Presidential regulations, and Article 241 concerning High Courts for Union Territories.