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Chandigarh Bill Under Article 240 Sparks Federalism Concerns

Source:The Hindu ↗

Why It Matters

This development is a prime example of friction in Centre-State relations, showcasing the tension between the Union's legislative powers over UTs and the states' claims. It is highly relevant for GS2 questions on federalism, constitutional amendments, and the administrative structure of Union Territories.

Summary

The introduction of the Constitution (131st Amendment) Bill, 2025, which aims to bring the Union Territory of Chandigarh under Article 240 to allow direct Presidential legislation, has sparked intense political backlash. Opposition parties including AAP, SAD, and Congress argue the move disrupts the federal structure, undermines Punjab's historical claim over Chandigarh—its joint capital with Haryana—and serves as a backdoor for the Centre to control the UT. Currently, the Punjab Governor also acts as Chandigarh's Administrator.

Key Points

  • The Centre introduced the Constitution (131st Amendment) Bill, 2025 in the Lok Sabha to include Chandigarh under Article 240, granting the President direct legislative power over the Union Territory.
  • The move is heavily opposed by AAP, SAD, and Congress, who argue it violates the federal structure and undermines Punjab's historical and rightful claim over Chandigarh.
  • Since June 1, 1984, the Governor of Punjab has concurrently acted as the Administrator of the UT of Chandigarh.
  • Critics view the amendment as a backdoor attempt by the BJP-led central government to bypass state authorities and establish direct control over Chandigarh.

Important Terms

Article 240 of the Constitution

A constitutional provision empowering the President to make regulations for the peace, progress, and good government of specific Union Territories without legislatures (e.g., Lakshadweep, Andaman & Nicobar).

UPSC context

GS-II: Indian Constitution and Polity; explores Presidential legislative powers and the administrative classification of Union Territories.

Source
Constitution (131st Amendment) Bill, 2025

A proposed legislative measure to include Chandigarh under Article 240, enabling direct Presidential regulation and potentially replacing the Punjab Governor as its Administrator with an independent appointee.

UPSC context

GS-II: Federal Structure and Centre-State Relations; tests understanding of constitutional amendments and Union Territory governance.

Source
Punjab Reorganisation Act, 1966

The 1966 legislation that bifurcated undivided Punjab into the states of Punjab and Haryana and created the Union Territory of Chandigarh as their shared capital.

UPSC context

GS-I & II: Post-independence consolidation and Federalism; crucial for understanding linguistic reorganisation and territorial disputes.

Source
Shiromani Akali Dal (SAD)

A regional political party in Punjab that spearheaded the Punjabi Suba movement, leading to the 1966 reorganisation; it remains a key defender of Punjab's claims over Chandigarh.

UPSC context

GS-II: Political Parties and Federalism; illustrates the role of regional parties in center-state territorial conflicts.

Source
Aam Aadmi Party (AAP)

The current ruling party in Punjab that opposes the 131st Amendment Bill, arguing it violates the federal spirit and undermines the state's historical rights.

UPSC context

GS-II: Functions and Responsibilities of the Union and the States; focuses on executive-legislative conflicts in federal administration.

Source

Prelims Trap

"Regulations made by the President under Article 240 cannot override or amend an Act of Parliament."

False. Article 240(2) grants Presidential regulations the exact same force as an Act of Parliament, including the power to amend/repeal parliamentary laws for that UT.

Static Concepts Connected

Indian Polity - Union Territories

What are the President's unique powers under Article 240 of the Constitution?

  • Specified UTs: Empowers the President to make regulations for the peace, progress, and good government of specified UTs (like Andaman, Lakshadweep, Dadra & Nagar Haveli).
  • Equal Force: These Presidential regulations possess the exact same legal force and effect as a regular Act passed by Parliament.
  • Overriding Power: The President holds the unique executive power to repeal or amend any existing Parliamentary Act that is applicable to that specific UT.
Indian Polity - Federal Structure

How is the Union Territory of Chandigarh currently administered?

  • Article 239: It is governed under Article 239, where the President administers the territory through an appointed Administrator, unlike Article 240 UTs.
  • Concurrent Role: Since 1984, the Governor of Punjab has uniquely and concurrently served as the Administrator of Chandigarh.
  • Joint Capital: It serves as the shared capital of Punjab and Haryana, a status rooted in the Punjab Reorganisation Act, 1966.

Cross-Topic Patterns

  • Trend of UT Centralization

    Parallels the GNCTD (Amendment) Act and J&K Reorganisation. UPSC links these legislative moves to test the broader theme of asymmetric federalism and the Centre's expanding control over UTs.

  • Punjab Reorganisation & Resource Disputes

    Chandigarh’s contested status stems from the 1966 Act, bridging this political topic to the broader theme of inter-state resource disputes (like the SYL Canal) between Punjab and Haryana.

Expect a 2026 Prelims question comparing the President's legislative powers over different UTs (Art 239 vs 240) and overriding authority.

Linked PYQs · 4

Linked PYQs · 4

  • 2024MainsGS2

    What changes has the Union Government recently introduced in the domain of Centre-State relations ? Suggest measures to be adopted to build the trust between the Centre and the States and for strengthening federalism.

  • 2025MainsGS2

    Discuss the nature of Jammu and Kashmir Legislative Assembly after the Jammu and Kashmir Reorganization Act, 2019. Briefly describe the powers and functions of the Assembly of the Union Territory of Jammu and Kashmir.

  • 2022MainsGS1

    The political and administrative reorganization of states and territories has been a continuous ongoing process since the mid-nineteenth century. Discuss with examples.

  • 2025MainsGS2

    Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement, examine the procedural and substantive limitations on the amending power of the Parliament to change the Constitution.