- Article 239A(1): Parliament empowered to create (by law) for Pondicherry a legislature (elected or partly nominated) and/or a Council of Ministers
- Article 239A(2): such law is not deemed amendment of constitution under Article 368, even though the law does amend
- administrator of pondicherry can promulgate ordinance when legis not in session or if he is satisfied that circumstances exist which render it necessary for him to take immediate action
Ordinance making power of Administrator
Similar to state govt except
- administrator cannot promulgate ordinance w/o first seeking instructions from President in that behalf
- he cannot promulgate any ordinance when legis is suspended or dissolved
Governance
- can make laws wrt State and Concurrent list
- but Parl’s overall power to pass for UT on ANY subject is still preserved
- if inconsistency, Parl law prevails
- but if state law on concurrent subject has Prez assent, that prevails
- administrator role similar to governor in matter of assent to bills
- administrator not bound by aid & advice of CoM when acting in his discretion
- if difference of opinion, matter referred to Prez
- Article 239: in case of emergency, Prez can suspend operations of all or any provisions of the act and effectively administers the territory through the administrator