Centre Proposes to Include Chandigarh Under Article 240: Punjab Leaders Express Strong Opposition

Punjab Chief Minister Bhagwant Mann.

The Centre has proposed to incorporate the Union territory of Chandigarh under Article 240 of the Constitution, which authorizes the president to create regulations for the UT and legislate directly.

According to bulletins from the Lok Sabha and Rajya Sabha, the Constitution (131st Amendment) Bill 2025 will be presented in the upcoming Winter session of Parliament, beginning December 1, 2025.

The Bill aims to include Chandigarh in Article 240, aligning it with other UTs without legislatures such as Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, and Puducherry (during periods when its Legislative Assembly is dissolved or suspended).

This modification could pave the way for an independent administrator in Chandigarh, similar to when the UT previously had an independent chief secretary.

The proposal has triggered strong reactions from Congress, Akali Dal, and the AAP.

The bulletin indicates that the government has also outlined a provisional list of 10 Bills it intends to introduce during the forthcoming session.

Article 240 of the Constitution bestows authority on the president to establish regulations for the peace, progress, and effective governance of specific Union territories including Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli, Daman & Diu, and Puducherry.

However, it stipulates that when a legislative body is formed under Article 239A for a Union territory (as exists in Puducherry), the president cannot make regulations effective from the legislature's first meeting.

Additionally, it states that such regulations may repeal or amend any Act of Parliament or applicable law in the Union territory, and when promulgated by the president, carry the same force and effect as an Act of Parliament applicable to that territory.

Responding to the development, Chief Minister Bhagwant Mann declared it a severe injustice that the BJP government is "conspiring to snatch" Punjab's capital.

Mann asserted in a statement that Chandigarh was, is, and will always remain an integral part of the state.

He emphasized that as the parent state, Punjab has the sole right to its capital, Chandigarh.

Punjab Congress president Amarinder Singh Raja Warring described the move as "totally uncalled for" and cautioned against "taking away" Chandigarh from Punjab.

A statement quoted Warring saying, "Chandigarh belongs to Punjab and any attempt to snatch it away will have serious repercussions".

Warring, the MP from Ludhiana, urged the Centre to amend the Bill appropriately, asserting that Congress will vigorously oppose the legislation in Parliament and consult with like-minded parties to prevent its passage.

He challenged Punjab unit BJP leaders to clarify their stance on the issue and called on CM Mann to immediately address the matter with the central government to "nip the proposal in the bud".

He added, "Whether you are with Punjab or against Punjab will be determined by the position you take today".

Shiromani Akali Dal (SAD) president Sukhbir Singh Badal characterized the Bill as a "betrayal" of the Centre's commitments to restore Chandigarh to Punjab.

In a statement, Badal explained that the Constitution (131st Amendment) Bill sought to permanently remove the union territory from Punjab's administrative and political control.

Describing the proposed legislation as an "assault on the rights of Punjab," Badal stated it also opposed federalism, adding, "It seeks to end Punjab's claim to Chandigarh as its capital city."

Requesting intervention, AAP MP Vikramjit Singh Sahney urged all lawmakers to approach Union Home Minister Amit Shah, asserting that Punjab's claims on Chandigarh have "historical significance".

Referencing a news report in an X post, Sahney noted that the Centre is introducing a "politically sensitive" Constitution Amendment Bill to bring Chandigarh under Article 240, like several other UTs.

"Chandigarh is currently administered by the Punjab governor, and with the new law, it is likely to be administered by an independent administrator," he posted.

"Punjab claims on Chandigarh have historical significance. Chandigarh was made capital of Punjab after partition as Lahore went to Pakistan," the Rajya Sabha MP stated.

Singh noted that following Punjab's reorganization in 1966, Chandigarh became the capital of both Punjab and Haryana, and through multiple accords, the Centre promised to designate Chandigarh as Punjab's capital.

"I request all MPs from Punjab to immediately call upon the home minister," he urged.

Currently, the Punjab governor serves as Administrator of Chandigarh. Previously, from November 1, 1966, when Punjab was reorganized, the UT was independently administered by the chief secretary.

However, since June 1, 1984, Chandigarh has been under the administration of the Punjab governor, with the chief secretary's role converted to Adviser to UT Administrator.

In August 2016, the Centre attempted to reinstate the practice of having an independent administrator by appointing former IAS officer K J Alphons to the top position.

However, this initiative was withdrawn following strong opposition from then-Punjab chief minister Parkash Singh Badal, who was part of the NDA, along with other parties including Congress and AAP.

Chandigarh serves as the joint capital of both Punjab and Haryana.

Punjab, which has claimed Chandigarh, also demands its immediate transfer to the state. The chief minister reiterated this request during the recent Northern Zonal Council meeting in Faridabad.