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What is Article 239 A of the Indian Constitution?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

As per Article 239A of the Indian Constitution, local legislatures or Council of Ministers, or both, may be established for certain union territories. It also refers to the following clauses. Any statute mentioned in the previous clause shall not be interpreted as modifying this Constitution for article 368, despite the fact that it may contain provisions that change or have the effect of changing it.

Article 239A of the Constitution of India

Local legislatures, Councils of Ministers, or both may be created under Article 239A of the Indian Constitution under certain Union territories. But that’s not all. It also includes the following phrases and provisions:

  • Per a law enacted by Parliament, the Union Territory of Puducherry may have a body that serves as the Union territory’s legislature, whether elected, partially nominated and elected, or both, with the constitution, authority, and duties that may be prescribed by law in each case; or have a group that serves as the Union territory’s legislature, Council of Ministers, or both.
  • The members of this group may be elected, partially nominated, or elected.

Any statute referred to in the preceding clause shall not be considered a modification of this Constitution for article 368, notwithstanding that it may contain provisions that modify or have the effect of amending this Indian Constitution.

Read: What is Article 239?

Facts About Article 239 A

According to a law passed by Parliament, the Union Territory of Puducherry may have:

  • A body that serves as the Union territory’s legislature, whether it be elected, partially nominated and elected, or both;
  • Or a group that serves as the legislature, council of ministers, or both; with the authority and responsibilities that may be outlined by law in each case.
  • This group could be elected, only partially nominated, or both.

Summary:

What is Article 239 A of the Indian Constitution?

Local legislatures, Councils of Ministers, or both may be established in accordance with particular Union territories under Article 239A of the Indian Constitution. Arunachal Pradesh became a Union Territory and was given a legislature and a Council of Ministers under the provisions of the 37th Amendment, which amended Articles 239 A and 240.

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