Deferred Bill seeks alternative legislative route for Chandigarh

The now-deferred Constitution (131st Amendment) Bill-2025 proposes to create an alternative legislative route, besides Parliament of India, for matters pertaining to Chandigarh and does not currently propose to alter UT’s administrative or governance structure.

An explanatory note on the Bill, accessed exclusively by The Tribune, says the draft legislation proposes changes in the legislative system governing Chandigarh by granting powers to the President to issue notifications to “meet the demands of the UT”.

Under the existing system, Parliament has to be approached for all legislative matters related to Chandigarh, including amendments and repeals of old laws and those extended to Chandigarh from other states. The explanatory note on the Bill says, “Chandigarh’s constitutional status as UT will remain intact. As per the provisions of the Punjab Reorganisation Act, 1966, Chandigarh will stay the capital of Punjab and Haryana. The Punjab Governor will continue to be the administrator of Chandigarh.”

What the Bill proposes is — to give the President powers to make regulations pertaining to peace, progress and effective governance of Chandigarh along the lines of UTs without legislatures, namely Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu and Puducherry (when its Assembly is suspended).

All these UTs are currently covered by Article 240 of the Constitution with the Centre proposing to include Chandigarh herein.

The explanation adds, “The currently available parliamentary route for legislations pertaining to Chandigarh will stay. But a new alternative legislative route will be opened. Grant of regulatory powers to the President would enable speedy amendments, repeal of laws, both old and those extended to Chandigarh. It would help improve administrative and legislative efficiency. All arrangements related to the status of shared assets and institutions will remain in force in accordance with the 1966 law. Under the new Bill, the Chandigarh administrator will implement regulations under Article 240. The changes would mean Chandigarh administrators will no longer have to go to Parliament for minor technical amendments as is the case today.”

The note also adds that there is no proposal to change service structure or cadre structure governing Chandigarh nor is there a plan to have a legislature for Chandigarh.

The explanation on the Bill contains its justification as follows — “Parliament of India has powers to legislate on Chandigarh, but since 1966 to date only two major laws have been enacted about Chandigarh — The Punjab Reorganisation Act, 1966, and the Chandigarh Delegation of Powers Act, 1987. Other UTs depending on their need have managed to legislate on the recommendations of the President who draws her regulatory powers from Article 240 of the Constitution. Chandigarh has, however, always remained dependent on laws extended from other states and has never managed to get laws suitable for its peculiar requirements. The objective of the Constitution Amendment Bill is to improve administrative efficiency, enhance legal process capacity and ensure pro-people governance without altering Chandigarh’s status as Punjab and Haryana’s capital or its administrative structure.”