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Which of the following Articles of the Constitution provides for the establishment of a Legislative Assembly in a Union Territory?
Question

Which of the following Articles of the Constitution provides for the establishment of a Legislative Assembly in a Union Territory?

A.

Article 240

B.

Article 239A

C.

Article 240

D.

Article 239

Correct option is B

The correct answer is (b) Article 239A

Explanation:

  • Article 239A of the Indian Constitution provides for the creation of a Legislative Assembly and a Council of Ministers for Union Territories.
  • This article was inserted by the 14th Constitutional Amendment Act, 1962, primarily to provide a constitutional framework for Union Territories like Puducherry (formerly Pondicherry) to have a legislative assembly.

Information Booster:

Article 239A of the Indian Constitution provides for the establishment of a Legislature, a Council of Ministers, or both for certain Union Territories.

Specifically, Parliament is empowered to enact a law for the Union Territory of Puducherry to:

  • Create a legislative body—either fully elected or partly elected and partly nominated,
  • Establish a Council of Ministers,
  • Or create both, assigning them specific structure, powers, and functions as defined by the law.

Importantly, any such law shall not be considered a constitutional amendment under Article 368, even if it includes provisions that alter or impact the Constitution.

Delhi has a legislative assembly under Article 239AA, which was inserted by the 69th Constitutional Amendment Act, 1991.

Additional Knowledge:

  • Article 240 – Deals with the power of the President to make regulations for certain Union Territories like Andaman & Nicobar Islands, Lakshadweep, etc.
  • Article 241 – Pertains to High Courts for Union Territories.
  • Article 239 – Provides for the administration of Union Territories by the President through an Administrator.

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