What the Bill Would Have Meant?
The bulletin suggested the following objective:
To include Chandigarh under Article 240.
What Article 240 Allows
Article 240 empowers the President to make regulations for UTs such as:
- Andaman & Nicobar
- Lakshadweep
- Dadra & Nagar Haveli & Daman & Diu
- Puducherry (in special circumstances)
Presidential regulations can even override Acts of Parliament for that UT.
If Applied to Chandigarh
- The Centre would exercise direct regulatory powers.
- Chandigarh would function like UTs without a legislature.
- The Punjab Governor would no longer act as Administrator.
- An independent Administrator/Lieutenant Governor could be appointed.
Why Punjab Strongly Opposed the Proposal
Punjab views Chandigarh as:
- Its historical capital, created after Lahore went to Pakistan in 1947.
- A city built on Punjabi land and identity.
- A part of the state that was only temporarily shared with Haryana after 1966.
Important historical markers include:
- Punjab Reorganisation Act, 1966: Chandigarh made a UT and joint capital.
- 1970 Announcement: Centre declared Chandigarh would go to Punjab (never implemented).
- Haryana was given 5 years to build a new capital, along with Central funding — yet continues to operate from Chandigarh.
Thus, any move that alters Chandigarh’s administrative balance is seen by Punjab as diluting its original claim.
Key Constitutional & Federal Concerns
- Sensitive state reorganisation legacy: Punjab–Haryana disputes since 1966.
- Administrator change: Shifts power dynamics and control over land, policing, and governance.
- Political symbolism: Chandigarh represents unresolved historical commitments.
- Inter-state balance: Haryana’s continued presence without building its own capital complicates decisions.
- Centralisation fears: Bringing Chandigarh under Article 240 may appear like expanding Union control.
- Legal complexity: A constitutional amendment affects the federal architecture.
Way Forward
- Structured Centre–State dialogue involving Punjab, Haryana and the UT administration.
- Re-examining the 1970 commitments in light of current realities.
- Creating a balanced administrative model that ensures efficiency without disturbing federal sensitivities.
- Ensuring transparent communication to avoid escalations arising from ambiguous legislative listings.
- Exploring a time-bound roadmap on Chandigarh’s future status acceptable to all sides.
