Back to Browse
Constitution of India · Section Article 237

Application of the provisions of this Chapter to certain class or classes of magistrates

Article 237 — Application of the provisions of this Chapter to certain class or classes of magistrates

  1. Application of the provisions of this Chapter to certain class or classes of magistrates.—The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.

The States in Part B of the First Schedule].

THE UNION TERRITORIES 239. Administration of Union territories.—(1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify. (2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.]

*[239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories.—(1) Parliament may by law create 4[for the Union territory of Puducherry]—

  • (a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or
  • (b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law. (2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.]

239AA. Special provisions with respect to Delhi.—(1) As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall be called the National Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor. (2)(a) There shall be a Legislative Assembly for the National Capital Territory and the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory.

  • (b) The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled Castes, the division of the National Capital Territory into territorial constituencies (including the basis for such division) and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament. (ba) Seats shall be reserved for women in the Legislative Assembly of the National Capital Territory of Delhi. (bb) As nearly as may be, one-third of the seats reserved for the Scheduled Castes in the Legislative Assembly of the National Capital Territory of Delhi shall be reserved for women. (bc) As nearly as may be, one-third of the total number of seats to be filled by direct election in the Legislative Assembly of the National Capital Territory of Delhi (including the numbers of seats reserved for women belonging to the Scheduled Castes) shall be reserved for women in such manner as Parliament may by law determine.]
  • (c) The provisions of articles 324 to 327 and 329 shall apply in relation to the National Capital Territory, the Legislative Assembly of the National Capital Territory and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively; and any reference in articles 326 and 329 to “appropriate Legislature” shall be deemed to be a reference to Parliament.

Plain English Summary

This article allows the Governor to decide which specific magistrates or classes of magistrates will follow certain rules laid out in this Chapter of the Constitution. The Governor can issue a public notification to apply these rules to certain judicial officials within the State, subject to any specific changes mentioned in that notification.

Key Points

  • The Governor has the power to direct that certain provisions of this Chapter apply to specific classes of magistrates.
  • This application is made in relation to persons appointed to the judicial service of the State.
  • The Governor can specify exceptions or modifications in the notification.
  • This provision applies specifically to the States listed in Part B of the First Schedule.

Why It Matters

It gives the Governor flexibility to tailor the application of certain constitutional rules regarding magistrates based on the specific needs and structure of that State's judicial system.

Landmark Judgements

No major landmark judgements.

Related Articles