Chandigarh's Governance Faces Major Overhaul Under Article 240
The potential inclusion of Chandigarh under Article 240 of the Indian Constitution could fundamentally reshape how the city is administered, marking a significant departure from the current system that has been in place for over four decades. This constitutional provision would grant the President of India direct regulatory authority over the Union Territory, bypassing parliamentary procedures for many legislative changes.
Current Administration System and Proposed Changes
Presently, Chandigarh operates as a Union Territory with a unique administrative arrangement where the Governor of Punjab serves as the Administrator of Chandigarh in an additional capacity. This dual-role system has been functional since 1984 when it was implemented during peak terrorism in Punjab to ensure better security coordination. The city also serves as the shared capital for both Punjab and Haryana, meaning that key Acts and laws from both states extend to Chandigarh.
If brought under Article 240, Chandigarh would likely get an independent administrator, similar to the Lieutenant Governor system in other Union Territories like Delhi and Puducherry. This change would effectively dilute what some describe as adjacent state's "control and interference" over Chandigarh's affairs.
Constitutional Powers and Practical Implications
According to Pawan Bansal, a three-time Member of Parliament, the shift would grant the Central government sweeping powers over the Union Territory. "Any Act made by Parliament or any other law applicable to Chandigarh could be repealed or amended merely by framing a regulation", Bansal explained to The Indian Express. This means the Centre could implement changes without presenting proposals in Parliament, which is currently required.
Bansal provided a concrete 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."
Article 240 specifically empowers the President to make regulations for the "peace, progress and good government" of Union Territories including Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Puducherry - particularly when their Legislative Assemblies are dissolved or suspended.
Differing Perspectives on the Proposed Change
The potential move has generated contrasting opinions among political leaders and experts. Bansal argues that the current governance system "has worked well for over 40 years" and that reforms should focus instead on creating an empowered Mayor-in-Council system for the Municipal Corporation with proper transfer of functions, funds, and functionaries.
However, BJP leader and lawyer Arun Sood presents a different viewpoint, suggesting that the change could 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," Sood told The Indian Express.
Historical Context and Previous Attempts
This isn't the first time such a change has been contemplated. In 2016, the Centre attempted to appoint K J Alphons as an independent Administrator for Chandigarh, seeking to end the practice of the Punjab Governor holding charge of the city. However, strong opposition from the then Shiromani Akali Dal government forced the Centre to put the move on hold.
Before the current system began in 1984, Chandigarh was administered by a chief commissioner - a serving bureaucrat who reported directly to the Union government. The shift to having the Punjab Governor as Administrator was specifically designed to address security concerns during a period of intense terrorism in the border state, when Punjab was under President's rule.
The debate around Article 240 implementation continues as stakeholders weigh the benefits of centralized control against the established coordination mechanisms that have governed Chandigarh for generations.
