Presidential Regulations under Article 240

Article 240 empowers the President to make regulations for the peace, progress and good government of specified Union Territories. These Presidential Regulations are a form of constitutionally authorised legislation, not ordinary executive rules.

Territorial scope and purpose

The power extends to the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, Puducherry, and Ladakh. The phrase peace, progress and good government gives the regulation-making power a broad legislative scope within these territories.

• The President exercises this constitutional power subject to the general requirement of ministerial aid and advice under Article 74.

Legal force of regulations

Under Article 240(2), a regulation may repeal or amend an Act of Parliament or any other law applicable to the concerned Union Territory. Once promulgated by the President, it has the same force and effect as an Act of Parliament applicable to that territory.

Special position of Puducherry

When a legislature created under Article 239A is functioning for Puducherry, the President cannot make Article 240 regulations for that territory. The power revives during a period when that legislature is dissolved or its functioning is suspended in accordance with the relevant law.