Chandigarh–Article 240 / 131st Amendment Bill 2025
Table of Contents
Source: The Indian Express, The Hindu
Relevance: Quick prelims facts about Constitutional provisions – Article 240 and 131st Amendment Bill 2025, GS Paper – II Polity & Governance (Union–State legislative & administrative relations)
Key Concepts for Prelims and Mains:
For Prelims:
- Constitutional status of Chandigarh (UT + joint capital), Punjab Reorganisation Act, 1966, Capital of Punjab (Development & Regulation) Act, 1952, Article 240, 131st Constitutional Amendment Bill, 2025.
For Mains:
- Federalism & Asymmetric Federalism – UTs, shared capitals, Centre–State relations and political sensitivity over Chandigarh, Historical background of Chandigarh – post-Partition capital issue
Why in News?
- Lok Sabha & Rajya Sabha bulletins indicated that the Constitution (131st Amendment) Bill, 2025 would be introduced to bring Chandigarh under Article 240.
- This triggered strong political backlash in Punjab (AAP, Congress, SAD, even Punjab BJP uneasy), seeing it as:
- An attempt to “snatch” Punjab’s capital; and
- A move to weaken Punjab’s constitutional and emotional claim over Chandigarh.
- After the uproar, the Union Home Ministry clarified:
- The proposal is only to simplify the Centre’s law-making process for Chandigarh;
- No final decision has been taken;
- No Bill will be introduced in the Winter Session 2025;
- Any decision will follow consultation with stakeholders.
Chandigarh’s Present Status
Union Territory + Shared Capital
- Chandigarh is a Union Territory (UT) administered by the Centre.
- It is also the joint capital of Punjab and Haryana since the Punjab Reorganisation Act, 1966.
Punjab Reorganisation Act, 1966
- Purpose: Reorganised the state of Punjab based on linguistic lines.
- Creation of Haryana: Formed a new state Haryana for Hindi-speaking regions; came into existence as India’s 17th state.
- Punjab after division: Punjabi-speaking areas continued as the new state of Punjab.
- Chandigarh as Union Territory: Created Chandigarh as a UT and shared capital of both Punjab and Haryana.
- Territory transfer: Some areas were transferred from Punjab to Himachal Pradesh.
- Common High Court: Provided a common High Court for Punjab, Haryana and Chandigarh.
- Enactment: Passed by Parliament on 18 September 1966.
Administrator
- At present, the Governor of Punjab holds additional charge as Administrator of Chandigarh (since 1984).
- Earlier, Chandigarh was headed by a Chief Commissioner (senior bureaucrat) directly under the Union government.
Legal Position
- The Capital of Punjab (Development and Regulation) Act, 1952 expressly recognises Chandigarh as the capital of Punjab.
- After 1966, properties in Chandigarh were divided between Punjab and Haryana in a 60:40 ratio, but the UT status brought the city under direct Central control.
The Capital of Punjab (Development & Regulation) Act, 1952
- Purpose: To regulate planned development of Chandigarh, built as the new capital of Punjab after Partition.
- Scope: Covers land management, building control, and urban planning in Chandigarh.
- Authority: Empowers Government to sell/lease/transfer land & buildings with specified conditions.
- Building Rules: Controls construction, architectural design, zoning & land use regulations.
- Periphery Control: Supported by Punjab New Capital (Periphery) Control Act, 1952, regulating development in a 16 km radius of Chandigarh.
- Enforcement: Estate Officer can impose penalties, resume property, or order demolition of illegal structures.
- Fees: Allows levy of fees & taxes for civic amenities.
- Appeal Mechanism: Appeals allowed to Chief Administrator / Central Government.
- Status Change: Continued even after Chandigarh became a Union Territory in 1966 under Punjab Reorganisation Act, 1966.
Extension of State Laws
- Being a shared capital, many key Acts and rules of Punjab and Haryana are extended to Chandigarh, giving both states a continuing stake in its governance.
What is Article 240
Article 240 – Power of President to make regulations for certain Union Territories
- Allows the President of India to make regulations for the “peace, progress and good government” of specified UTs.
- At present, it applies to – Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, and Puducherry (under certain conditions).
- A regulation made under Article 240:
- Has the same force and effect as an Act of Parliament; and
- May repeal or amend any existing Act of Parliament or other law as it applies to that UT.
In simple terms, the President (i.e., the executive) can legislate for those UTs via regulations, bypassing Parliament for UT-specific matters.
What did the Constitution (131st Amendment) Bill, 2025 propose?
- Key change:
- To add “Chandigarh” to the list of UTs under Article 240.
- Likely consequences (if passed):
- Chandigarh could get an independent Administrator / Lieutenant Governor (L-G), instead of the Punjab Governor holding dual charge.
- The President could frame regulations for Chandigarh that:
- Amend or repeal Parliamentary laws or other laws applicable to Chandigarh;
- Take effect without placing a separate Bill before Parliament.
Chandigarh would move closer to the model of centrally-administered UTs without legislatures (e.g., A&N Islands, Lakshadweep).
What Will It Mean for Chandigarh if Brought Under Article 240?
(A) Governance & Law-Making
- At present:
- Only Parliament can legislate for Chandigarh (Article 246 + 239).
- After inclusion under Article 240:
- President can legislate by regulation for Chandigarh, having the same force as a Parliamentary Act.
- According to former MP Pawan Bansal, this gives the Centre “sweeping powers” because:
- Any existing Act relating to Chandigarh (e.g., tenure of Mayor, municipal laws) could be changed just via a Presidential regulation, based on a note at Joint Secretary level, bypassing full parliamentary scrutiny.
(B) Administrator
- Independent Administrator / L-G
- Chandigarh would likely get a separate Administrator / L-G, like other UTs.
- This would break the symbolic link whereby the Punjab Governor’s additional charge signifies Punjab’s special stake.
(C) Impact on Punjab & Haryana’s Claims
- Dilution of “joint capital” character:
- With stronger direct Central control, the city’s character may shift from a shared capital with state-linked legal framework to a fully central UT.
- Potentially weakens Punjab’s long-standing demand that Chandigarh be eventually transferred wholly to Punjab (as per the 1970 announcement that “the capital project area of Chandigarh should, as a whole, go to Punjab”).
Why is Punjab Opposing the Move?
(A) Historical & Emotional Significance
- Replacement for Lahore:
- After Partition, Lahore (capital of undivided Punjab) went to Pakistan.
- Chandigarh was planned by Nehru as the “City of Beauty” and modern capital of Punjab, built on land acquired from 22 villages of Kharar (Punjab).
- Chandigarh formally became Punjab’s capital in 1953, inaugurated by President Rajendra Prasad.
- For Punjab, Chandigarh symbolises:
- Post-Partition identity and resilience;
- A city “built over Punjab’s villages”.
(B) Reorganisation & ‘Temporary’ Joint Capital
- Under Punjab Reorganisation Act, 1966:
- Haryana was carved out;
- Chandigarh became joint capital;
- Haryana was promised assistance to build its own capital (grant + loan); use of Chandigarh was intended as temporary.
- January 29, 1970 statement:
- Centre announced that Chandigarh should ultimately go to Punjab as a whole, with arrangements for Haryana to develop its own capital.
(C) Fear of Losing “Sole Claim”
- Punjab argues that its claim over Chandigarh is “undisputed” because:
- City was conceived and built as Punjab’s capital,
- Haryana’s use was meant to be transitory.
- Inclusion under Article 240 is seen as:
- A “technical” constitutional change with deep political meaning;
- A step toward making Chandigarh “just another UT”, weakening Punjab’s stake.
(D) Federalism & Power Balance
- Punjab sees this as:
- Centralisation of power;
- An “assault on Punjab’s rights” and erosion of cooperative federalism, given existing flashpoints:
- Centre’s earlier attempt to restructure Pnjab University Senate;
- Deployment of central forces at Bhakra dam in a water-sharing dispute.
Political Positions
- Punjab Government (AAP – CM Bhagwant Mann):
- Calls it a “draconian move” and a conspiracy to take away Punjab’s capital.
- Emphasises that Chandigarh “belongs solely to Punjab”.
- Opposition in Punjab (Congress & SAD):
- Sukhbir Singh Badal (SAD) – calls it an “assault on Punjab’s rights and federalism”.
- Amrinder Singh Raja Warring (Congress) – warns of serious repercussions if Chandigarh is “snatched” from Punjab.
- Punjab BJP:
- Caught in a bind; state chief Sunil Jakhar publicly states that “Chandigarh is integral to Punjab” and that Punjab BJP stands with state interests.
- Union Government / MHA:
- Claims the proposal is only to simplify law-making for Chandigarh,
- No change in governance structure or traditional arrangements is intended at present,
- No Bill in Winter Session; future decision only after consultation.
Previous Attempts to Change Chandigarh’s Governance
- 1984 arrangement
- Punjab was under President’s Rule; due to security concerns during militancy, Punjab Governor was given charge as Chandigarh Administrator to ensure coordinated control.
- 2016 attempt
- Centre reportedly tried to appoint K. J. Alphons as an independent Administrator.
- Strong opposition from Shiromani Akali Dal (then ally in Punjab govt) led to move being shelved.
- Recent flashpoints (2024–25)
- Proposal to dissolve Panjab University Senate and replace it with a body dominated by ex-officio/nominated members (including Chandigarh MP, UT CS), seen as reducing Punjab’s say.
- BBMB security dispute: deployment of central forces at Bhakra dam viewed by Punjab as attempt to shift control from state police to Centre.
Way Forward
- Cooperative Federalism First: Centre should hold structured consultations with Punjab, Haryana and Chandigarh stakeholders before any change in status.
- Status Clarity, Not Ambiguity: Any move on Article 240 / UT status must clearly protect Chandigarh’s existing arrangements and recorded assurances to Punjab.
- All-party & Inter-State Dialogue: Set up an all-party/state committee to examine long-pending issues – Chandigarh, river waters, Panjab University – as a package.
- Judicially Consistent Federal Practice: Ensure proposed changes stay consistent with Supreme Court’s spirit on federalism & Governor’s role.
- People-centric Governance: Prioritise better urban governance, empowered local bodies and service delivery in Chandigarh, instead of purely power-centric changes.
CARE MCQ
Q. Chandigarh has been in news recently. Consider the following statements:
- Chandigarh was granted UT status under the Punjab Reorganisation Act, 1966.
- The Governor of Haryana presently acts as the Administrator of Chandigarh.
- Property in Chandigarh was divided between Punjab and Haryana in the ratio of 50:50.
How many of the above statements are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
Answer: (a)
- 1 – Correct; 2 – Incorrect (it is the Punjab Governor); 3 – Incorrect (ratio is 60:40).