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    Question

    Which of these is true about Article 239 of the

    Constitution and Union Territories (relevant to First Schedule & Part I/II interplay)?
    A Article 239 empowers Parliament to make laws for Union Territories directly and to enact administrative machinery, including Parliament creating legislatures for UTs by law. Correct Answer Incorrect Answer
    B Article 239 is inapplicable to all Union Territories. Correct Answer Incorrect Answer
    C Article 239 restricted Parliament from legislating for Union Territories. Correct Answer Incorrect Answer
    D Article 239 was in Part IX originally. Correct Answer Incorrect Answer
    E Article 239 grants High Courts authority over Union Territories exclusively. Correct Answer Incorrect Answer

    Solution

    Article 239 of the Constitution provides that Union Territories (UTs) shall be administered by the President through an Administrator appointed by him. This reflects the constitutional principle that UTs are not sovereign units like States but are centrally administered territories. Parliament enjoys plenary legislative power over Union Territories under Article 246(4), even in respect of matters in the State List. However, Parliament may create legislatures for certain UTs, as seen in Delhi (Article 239AA) and Puducherry, without diluting central supremacy. In NDMC v. State of Punjab (1997), the Supreme Court clarified that UTs do not possess independent constitutional status akin to States, reinforcing centralized control.

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