Constitution Section 239A — Creation of local Legislatures or Council of Ministers or both for certain Union territories

Part VIII — THE UNION TERRITORIES

Constitutional

Summary

Parliament can pass a law to set up a local legislature, a Council of Ministers, or both for the Union territory of Puducherry. The legislature may be fully elected or partly elected and partly nominated. The law will define how these bodies are formed and what powers and functions they have. Even if such a law changes parts of the Constitution, it is not treated as a constitutional amendment under Article 368.

Official Text

(1) Parliament may by law create for the Union territory of Puducherry—

(a) a body, whether elected or partly nominated and partly elected, tofunction as a Legislature for the Union territory, or

(b) a Council of Ministers,or both with such constitution, powers and functions, in each case, as may be specified in the law.

(2) Any such law as is referred to in clause (1) shall not be deemed to bean amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.