The Centre was considering bringing Chandigarh under Article 240 through the Constitution (131st Amendment) Bill, 2025, but the Home Ministry later clarified that Centre has no intention of introducing a Constitutional Amendment Bill.
Present Status of Chandigarh
- Chandigarh is a Union Territory (UT) created under the Punjab Reorganisation Act, 1966
- It functions as the shared capital of both Punjab and Haryana.
- The Governor of Punjab holds additional charge as Administrator of Chandigarh by convention.
- The UT does not have its own elected Legislative Assembly, resulting in limited local legislative autonomy.
- Key Acts and laws of Punjab and Haryana extend to the city as it is their shared capital.
About Article 240
- Article 240 empowers the President of India to make regulations for the peace, progress and good government of certain union territories:
- Andaman and Nicobar Islands
- Lakshadweep
- Dadra and Nagar Haveli and Daman and Diu
- The regulations made under Article 240 have the same legal force as an Act of Parliament.
- These regulations can amend or repeal any existing law, including laws made by Parliament, applicable to those Union Territories.
- The Article applies to Puducherry only when its Legislative Assembly is dissolved or suspended.
Key Consequences of Bringing Chandigarh Under Article 240
- Stronger Central Control:
- The Union Government can make or amend or repeal laws through Presidential regulations, without Parliamentary debate.
- Changes could be made by simply issuing a Presidential regulation.
- Budgetary and policy decisions would be more firmly placed under Union oversight.
- Example: Altering the mayor’s tenure could be done through an executive note, without placing the matter before Parliament.
- Independent Administration:
- Chandigarh would get its own Administrator/Lieutenant Governor, similar to other UTs.
- This would end the longstanding practice of the Punjab Governor holding additional charge.
- Dilution of Punjab and Haryana’s Influence:
- It would dilute the “control and interference” of adjoining States (Punjab and Haryana).
- Potential implications for the political and bureaucratic claims of both states regarding the city.
- It raises questions about the future of Chandigarh’s role as a shared capital.
Benefits of the Proposed Change
- Autonomy:
- The proposal would reduce administrative overlap arising from dual control by Punjab and Haryana.
- It enables a single, unified governance chain of command.
- Institutional Accountability:
- A dedicated Administrator would enable faster decision-making, clearer assignment of responsibility and clarity of authority..
- Long-Term Governance Clarity:
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- The reform would remove ambiguity created by the shared capital arrangement and provide stability and predictable administrative framework.
Previous Attempts
- 1984: A proposal to appoint an independent Administrator was considered during Punjab’s President’s Rule, partly linked to internal security concerns.
- 2016: Similar attempts faced political opposition due to the convention of the Punjab Governor holding the Administrator’s post.
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Alternative Governance Models
- Legislative Assembly Model: Granting Chandigarh an elected Legislative Assembly, similar to Puducherry or Jammu and Kashmir, could enhance democratic accountability.
- Strengthened Municipal Governance: Empowering the Mayor-in-Council system could improve local governance without full centralisation.
- Shared Governance Mechanism: A tripartite administrative arrangement involving the Centre, Punjab, and Haryana could balance federal and administrative interests.