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The Center’s proposal to subject Chandigarh to Article 240 has sparked a lively debate across the state of Punjab. The proposal would allow the President to directly ordain regulations for the Union Territory. The Home Ministry insisted the intent of the proposal is to streamline the law-making process for and regarding Chandigarh.
However, the political leadership of Punjab sees something different, as diminished constitutional authority that takes away Chandigarh’s historical link to Punjab.
Homeland Ministry to dampen political backlash
The Union Home Ministry released an elaborate statement on Sunday. The statement said that there is no concluding decision on the proposed Article 240, and that it is not the intention of the Center to place a bill in conjunction with proposed Article 240 during the Winter Session.
The statement when further on to say that the existing relationship between Chandigarh, Punjab, and Haryana will remain in place. Nevertheless, this clarification statement has not calmed the political unrest.
Experts express concern that this will be a substantial constitutional change
According to constitutional experts bringing Chandigarh under Article 240 will not be just an administrative change, but a substantial alteration to the constitutional architecture of governance. Senior Counsel Anupam Gupta pointed out that this move would relieve Chandigarh’s “centre of gravity” from Parliament’s purview and transfer it entirely to the Ministry of Home Affairs, which would then exercise effective authority over Chandigarh through presidential regulations. Further he pointed out that presidential regulations would be able to amend or simply supersede laws such as the Punjab Reorganisation Act.
Punjab is concerned over a loss of democratic accountability
Former civil servant KBS Sidhu however cautioned that it would remove a layer of democratic accountability. Sidhu observed “Chandigarh will no longer be answerable to Parliament, and there will no longer be a public discussion and debate on each significant law.”
Under the current regime, Punjab’s Parliament members are able to raise an objection, challenge, or even consider mobilizing opposition to legislation concerning Chandigarh through full Parliamentary debate and scrutiny. If there is a governance model under Article 240, then that status quo disappears. Punjab MPs are subject to regulations coming out of the North Block, and that situation is one where there is little to no public scrutiny.
Political parties unite against the plan
Each political party in Punjab except the BJP opposed the proposal and referred to it as a plot to “take Chandigarh away.” All parties announced protests. Tensions were rising within the BJP as well.
Punjab BJP president Sunil Jakhar called for a meeting with Amit Shah and assured that the people of Punjab would have a say on the government of Chandigarh. He emphasized the critical point that Chandigarh is, and will be, part of Punjab. https://www.mha.gov.in/hi
Larger context about governance
If the plan is adopted, it would allow the federal government to appoint an independent administrator to govern Chandigarh instead of the Governor of Punjab. Experts point out that this action alone would not require Article 240 to be invoked.
But they generally also think that the implications are not simply appointing an administrator; the federal government will have broad power under the proposed laws to act unilaterally, which includes altering laws that establish the legal identity and structure of Chandigarh, which could be done without a parliamentary voice.
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