New Delhi | The Centre has proposed to include the Union territory of Chandigarh under the ambit of Article 240 of the Constitution, which empowers the president to make regulations for the UT and legislate directly.
This could pave the way for the appointment of an independent administrator in Chandigarh, like when it had an independent chief secretary in the past, a move that evoked sharp reactions from Congress, Akali Dal and AAP.
The Constitution (131st Amendment) Bill 2025 will be introduced in the upcoming Winter session of Parliament, beginning December 1, 2025, according to a bulletin of the Lok Sabha and the Rajya Sabha.
The Bill seeks to include the Union territory of Chandigarh in Article 240, in alignment with other UTs without legislatures such as Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, and Puducherry (when its Legislative Assembly is dissolved or suspended).
According to the bulletin, the government has also proposed a provisional list of 10 Bills it seeks to bring during the upcoming session.
Article 240 of the Constitution grants power to the president to make regulations for the peace, progress and effective governance of the Union territories of Andaman & Nicobar Islands; Lakshadweep; Dadra & Nagar Haveli; and Daman & Diu and Puducherry.
However, it said that when a body is created under Article 239A to function as a legislature for a Union territory (as is the case in Puducherry), the president shall not make any regulation with effect from the day of the first meeting of the legislature.
It also states that 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.
Reacting to the development, Chief Minister Bhagwant Mann said it is a grave injustice that the BJP government is "conspiring to snatch" Punjab's capital.
Chandigarh was, is and will always remain an integral part of the state, Mann said in a statement.
Nobody can deny that being the parent state, Punjab has the sole right to its capital, Chandigarh, he stressed.
Punjab Congress president Amarinder Singh Raja Warring called the move "totally uncalled for" and warned against "taking away" Chandigarh from Punjab.
"Chandigarh belongs to Punjab and any attempt to snatch it away will have serious repercussions", he was quoted as saying in a statement.
Warring, who is the MP from Ludhiana, said the Centre should make the necessary amends to the Bill, asserting that the Congress will strongly oppose the legislation in Parliament and will talk to the like-minded parties to ensure that it is not passed.
He asked the Punjab unit BJP leaders to clarify their position on the matter. He also urged CM Mann to immediately take up the matter with the central government to "nip the proposal in the bud".
"Whether you are with Punjab or against Punjab will be determined by the position you take today", he added.
Shiromani Akali Dal (SAD) president Sukhbir Singh Badal said the Bill would be a "betrayal" of the commitments given by the Centre to restore Chandigarh to Punjab.
In a statement here, Badal said the Constitution (131st Amendment) Bill sought to take the union territory permanently out of Punjab's administrative and political control.
Describing the proposed legislation as an "assault on the rights of Punjab", Badal said it was also against federalism. "It seeks to end Punjab's claim to Chandigarh as its capital city."
Seeking an intervention in the matter, AAP MP Vikramjit Singh Sahney said all lawmakers should call on Union Home Minister Amit Shah, asserting that Punjab's claims on Chandigarh have "historical significance".
Citing a news report, Sahney said in a post on X that the Centre is bringing a "politically sensitive" Constitution Amendment Bill, which seeks to bring the Union Territory of Chandigarh under Article 240, like several other UTs.
"Chandigarh is currently administered by the Punjab governor, and with the new law, it is likely to be administered by an independent administrator," he posted.
"Punjab claims on Chandigarh have historical significance. Chandigarh was made capital of Punjab after partition as Lahore went to Pakistan," the Rajya Sabha MP said.
After the Punjab's reorganisation in 1966, Chandigarh was made the capital of Punjab and Haryana, and subsequently, under multiple accords, the Centre promised to make Chandigarh the capital of Punjab, Singh said.
"I request all MPs from Punjab to immediately call upon the home minister," he said.
The Punjab governor is currently the Administrator of the UT of Chandigarh. It was earlier administered independently by the chief secretary since November 1, 1966, when Punjab was reorganised.
However, since June 1, 1984, Chandigarh has been administered by the Punjab governor and the chief secretary's position was converted to Adviser to UT Administrator.
In August 2016, the Centre had sought to restore the old practice of having an independent administrator by appointing former IAS officer K J Alphons for the top post.
However, the move was withdrawn after stiff opposition from the then Punjab chief minister, Parkash Singh Badal, who was part of the NDA, and other parties, including the Congress and AAP.
Chandigarh is the joint capital of both Punjab and Haryana.
Punjab, which has staked its claim on Chandigarh, also wants the immediate transfer of Chandigarh to it. The chief minister has reiterated the demand during the recent meeting of the Northern Zonal Council held in Faridabad.
