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The implications of bringing Chandigarh under Article 240 of the Constitution are far-reaching. They will not only pave the way for the city to get an independent administrator, like the Lieutenant Governor (L-G) in many other UTs, but also dilute the adjoining state’s “control and interference” over Chandigarh.
Currently, the city is a Union Territory (UT) and the Governor of Punjab holds additional charge as the Administrator of Chandigarh. Also, it is the shared capital of Punjab and Haryana, due to which key Acts and laws of both states extend to the city.
Consequences of bringing Chandigarh under Article 240
Speaking to The Indian Express, Pawan Bansal, a three-time Member of Parliament, said that bringing Chandigarh under Article 240 would have grave consequences for the city. For instance, he said, the Centre would get sweeping powers over the UT.
“The sweeping power that the Centre will acquire by including Chandigarh under Article 240 is that any Act made by Parliament or any other law applicable to the UT of Chandigarh could be repealed or amended merely by framing a regulation to that effect, bypassing Parliament, which alone, at present, is competent to enact any law for the UT of Chandigarh,” he said.
For example, if the Chandigarh mayor’s tenure has to be altered, the proposal does not need to be presented in Parliament. “The Joint Secretary of the Union government has to just sign a note saying that the President is pleased to make the amendment, and the change will be implemented immediately,” Bansal said.
Note that Article 240 lays down the power of the President of India to make regulations for certain Union territories. It says the “President may make regulations for the peace, progress and good government” of the Union territory of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Puducherry, when its Legislative Assembly is dissolved or suspended.
Bansal also said that there would be ramifications for the long bureaucratic claim of Punjab and Haryana over Chandigarh, in case the UT is brought under Article 240.
“The present system of governance of Chandigarh has worked well for over 40 years. A reform is only needed for creating an empowered Mayor-in-Council system for the Municipal Corporation with transfer of necessary functions, funds and functionaries,” he said.
However, BJP leader and lawyer Arun Sood told The Indian Express that the move would benefit Chandigarh.
“It won’t just bring in additional budgetary provisions due to central oversight, but also may pave the way for a Legislative Assembly of its own in future,” he said.
Previous attempts to bring Chandigarh under Article 240
In 2016, attempts were made to appoint an independent Chandigarh Administrator and end the practice of the Punjab Governor holding the charge of the city. The Centre tried to appoint K J Alphons as the administrator. However, after uproar by the then Shiromani Akali Dal government, the move was put on hold.
It was in 1984 when the practice of the Punjab governor to hold the charge of the Chandigarh administrator was put in force. It was done to facilitate smooth coordination on security issues when terrorism in the border state was at its peak. At that time, Punjab was under the President’s rule. Before that, Chandigarh was administered by a chief commissioner, a serving bureaucrat, who reported to the Union government.
