The Ministry of Home Affairs issued a significant clarification on Sunday regarding the Constitution (131st Amendment) Bill, stating that the central government has no intention of introducing the legislation during the upcoming Winter Session of Parliament.
Government's Stance on Chandigarh Legislation
The ministry emphasized that the proposed bill aims to simplify the Central Government's law-making process for the Union Territory of Chandigarh and remains under consideration. According to the official statement, the proposal only seeks to streamline administrative procedures without altering Chandigarh's existing governance structure.
The proposal only to simplify the Central Government's law-making process for the Union Territory of Chandigarh is still under consideration with the Central Government, the ministry clarified. No final decision has been taken on this proposal.
Political Reactions and Historical Context
The clarification comes amid political concerns raised by AAP MP Vikramjit Singh, who described the proposed amendment as politically sensitive. Singh urged all Members of Parliament from Punjab to meet Union Home Minister Amit Shah regarding the matter.
Chandigarh's administrative history has seen several shifts since its creation in 1966. The Union Territory was initially managed by an independent chief secretary before coming under the administration of the Punjab governor on June 1, 1984. A previous attempt in 2016 to appoint an independent administrator was withdrawn following protests from Punjab's political leadership.
Constitutional Implications of Article 240
The proposed legislation aims to bring Chandigarh under Article 240 of the Constitution, which empowers the president to issue regulations and legislate directly for certain Union territories. This provision currently applies to territories without legislatures, including:
- Andaman & Nicobar Islands
- Lakshadweep
- Dadra & Nagar Haveli and Daman & Diu
- Puducherry (when its assembly is suspended or dissolved)
The ministry assured that a suitable decision will be taken only after adequate consultations with all stakeholders, keeping in mind the interests of Chandigarh. The government has explicitly stated that the proposal does not seek to change the traditional arrangements between Chandigarh and the states of Punjab or Haryana.
Punjab Chief Minister Bhagwant Mann has repeatedly asserted the state's claim over Chandigarh, most recently during the Northern Zonal Council meeting in Faridabad, demanding immediate transfer of the Union Territory to Punjab.