Explained: Why Centre is bringing Bill to 'detach' Chandigarh from Punjab

The Centre’s proposal to bring Chandigarh under Article 240 of the Constitution, enabling the President to directly frame regulations for the Union Territory, has set off sharp political opposition in Punjab, with parties across the spectrum warning the move would weaken the state’s historical claim over its capital.

According to bulletins issued by the Lok Sabha and Rajya Sabha, the Centre will introduce The Constitution (131st Amendment) Bill, 2025 in the Winter Session of Parliament beginning December 1. The Bill seeks to include Chandigarh within Article 240, aligning it with Union territories without legislatures such as Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Puducherry (during periods when its Assembly stands dissolved or suspended).

If passed, the amendment will allow the Centre to appoint a Lieutenant Governor or independent administrator, replacing the current system where the Punjab Governor holds additional charge as the Administrator of Chandigarh.

Article 240 empowers the President to make regulations for certain Union territories “for the peace, progress and good governance” of those territories. Such regulations have the same force as Acts of Parliament and may repeal or amend laws applicable to the UT.

However, when a legislature is created for a UT under Article 239A, the President’s power to make regulations ceases from the date of the legislature’s first sitting.

Chandigarh, which does not have a legislature, will formally come under this administrative structure if the amendment is enacted.

Following the reorganisation of Punjab on November 1, 1966, Chandigarh was administered by an independent chief secretary. On June 1, 1984, during the militancy period, the Centre transferred administrative control to the Punjab Governor, converting the chief secretary’s role to that of Adviser to the Administrator.

The Centre attempted to restore an independent administrator in August 2016, appointing former IAS officer K J Alphons. The move was rolled back after strong opposition from then Punjab chief minister Parkash Singh Badal and parties including the Congress and AAP.

The ruling Aam Aadmi Party (AAP), the Congress and other opposition groups in Punjab have united against the Bill, warning it will detach Chandigarh further from the state.

Chief Minister Bhagwant Mann condemned the proposal as a “draconian move” and said, “Chandigarh was, is and will ever remain an integral part of the state… Every parent state has sole right over its capital but grave injustice had been meted out to the state by denying its Capital to Punjab.”

AAP leaders said the bulletin uploading the Bill came “as a bolt from the blue”, shortly after Mann raised Punjab’s claim over Chandigarh at the Northern Zonal Council meeting chaired by Union Home Minister Amit Shah.

Punjab Congress chief Amarinder Singh Raja Warring called the move "totally uncalled for". "Chandigarh belongs to Punjab and any attempt to snatch it away will have serious repercussions," PTI quoted him as saying.

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, Badal described the proposed legislation as an "assault on the rights of Punjab". "It seeks to end Punjab's claim to Chandigarh as its capital city," he said. 

What did BJP say?

 

"Chandigarh is an integral part of Punjab, and the Punjab BJP stands firmly with the interests of the state, whether it is the issue of Chandigarh or the waters of Punjab. Whatever confusion has arisen regarding Chandigarh will be resolved by discussing it with the government. As a Punjabi myself, I assure you that for us, Punjab always comes first," said Jakhar in a post on X.

(With inputs from agencies)