The Constitution of India
Article 240
Power of President to make regulations for certain Union territories
(1) The President may make regulations for the peace, progress and good government of the Union territory of —
(a) the Andaman and Nicobar Islands;
(b) Lakshadweep;
(c) Dadra and Nagar Haveli;
(d) Daman and Diu;
(e) Puducherry;
Provided that when any body is created under article 239A to function as a Legislature for the Union territory of Puducherry, the President shall not make any regulation for the peace, progress and good government of that Union territory with effect from the date appointed for the first meeting of the Legislature
Provided further that whenever the body functioning as a Legislature for the Union territory of Puducherry is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the President may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that Union territory.
(2) Any regulation so made may repeal or amend any Act made by Parliament or any other law]which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory.
Why this exists
Union territories without full statehood often lacked their own elected legislatures, especially small or remote ones like the Andaman and Nicobar Islands or Lakshadweep. The Constitution's framers needed a mechanism for these territories to have functioning laws and governance without waiting for or requiring a full state legislature. Article 240 gives the President (acting on the advice of the Union Council of Ministers) law-making power for these territories, similar in effect to Parliament's own laws, ensuring administrative continuity and order.
How courts read it
Courts have generally treated regulations made under Article 240 as having full legislative force, equivalent to Parliament's own laws, meaning they can be challenged on grounds similar to ordinary legislation (such as violation of fundamental rights) but not dismissed merely for being 'executive' orders. Judicial decisions have also clarified that once a Union territory like Puducherry gets a functioning elected legislature under Article 239A, the President's Article 240 power is validly suspended, reinforcing the constitutional design that elected bodies take precedence over presidential regulation-making where they exist.
Common misconceptions
- Myth: Regulations made under Article 240 are weaker than real laws, like informal executive orders.
Fact: Once promulgated, these regulations have the same legal force as an Act of Parliament and can even override existing Parliamentary laws for that territory. - Myth: The President can always make regulations for Puducherry.
Fact: This power is switched off once Puducherry's elected Legislature (under Article 239A) starts functioning, and only revives if that Legislature is dissolved or suspended. - Myth: Dadra and Nagar Haveli and Daman and Diu are still separate Union territories today.
Fact: They were merged into a single Union territory in 2020, though the constitutional text listing them separately has not been formally updated.