Constitution of India: Articles 238 to 244A

Articles 238 to 244A span important constitutional provisions concerning Union Territories, Panchayats, Scheduled Areas and Tribal Areas. The present constitutional text also shows that Articles 238 and 242 stand omitted.

Current position: Article 238 is omitted. Part VIII contains Articles 239 to 241 dealing with Union Territories, while Article 242 is omitted. Article 243 begins Part IX on Panchayats, and Articles 244 and 244A form Part X on Scheduled and Tribal Areas.

Articles 238 to 242: Union Territories and omitted provisions

Omitted

Article 238

Article 238, formerly placed in Part VII, has been omitted from the Constitution. Part VII itself is shown as omitted in the current official text.

Part VIII

Article 239 - Administration of Union Territories

Article 239 provides the basic constitutional framework for administration of Union Territories by the President through an administrator, subject to laws made by Parliament.

Part VIII

Article 239A - Legislature or Council of Ministers

Article 239A empowers Parliament to create a Legislature, a Council of Ministers, or both for the Union Territory covered by the provision. The official constitutional text also records its application to the Union Territory of Jammu and Kashmir under the Jammu and Kashmir Reorganisation Act, 2019.

Part VIII

Articles 239AA and 239AB

These provisions contain special constitutional arrangements for the National Capital Territory of Delhi and provisions concerning failure of constitutional machinery.

Part VIII

Article 239B

Article 239B concerns the power of an administrator to promulgate Ordinances during the recess of the Legislature, subject to the constitutional conditions applicable to that power.

Part VIII

Article 240

Article 240 deals with the President's power to make regulations for specified Union Territories in accordance with the Constitution.

Part VIII

Article 241

Article 241 deals with High Courts for Union Territories and Parliament's authority in relation to such High Courts.

Omitted

Article 242

Article 242, which historically concerned Coorg, is omitted from the current Constitution.

Article 243 and Part IX: Panchayats

Article 243 is the definitions provision for Part IX of the Constitution. Part IX then contains the constitutional framework for Gram Sabhas and Panchayats, including their constitution, composition, reservation of seats, duration, membership, powers, taxation, finance, audit, elections and application of the Part to particular territories and areas.

For readers researching Panchayat law, the linked pages below divide these provisions into smaller groups so that the constitutional scheme can be read article by article.

Articles 244 and 244A: Scheduled Areas and Tribal Areas

Article 244 - Administration of Scheduled Areas and Tribal Areas

Article 244 connects the administration of Scheduled Areas and Scheduled Tribes with the Fifth Schedule, and the administration of specified tribal areas in Assam, Meghalaya, Tripura and Mizoram with the Sixth Schedule.

Article 244A - Autonomous State within Assam

Article 244A empowers Parliament, by law, to form an autonomous State within Assam comprising specified tribal areas and to create a Legislature, a Council of Ministers, or both for that autonomous State. The Article also permits the law to define the constitutional and governmental arrangements contemplated by the provision.

Official Constitution sources

For authoritative verification, consult the latest official text of the Constitution published by the Legislative Department, Ministry of Law and Justice, Government of India, and the Constitution text available through India Code.

Legislative Department - Constitution of India
India Code - Government of India

This page is an explanatory guide. Constitutional text and amendments should be verified from the latest official Government of India publication where exact wording is required.