According to the bulletins of Lok Sabha and Rajya Sabha dated November 21, the central government will introduce the 131st Amendment Bill 2025 in the winter session of Parliament starting from December 1, 2025. But even before this there has been political uproar in Punjab. Punjab government and many opposition parties started opposing it. As a result, the government had to say that the bill was only being considered. There is already a tussle between Punjab and Haryana regarding Chandigarh, on top of that the Center has also jumped into it. In ABP Explainer, let us understand what Article 240 is, why BJP wants control over Chandigarh and how two states can have one capital…
Question 1- What is Article 240 in the Constitution of India?
answer- Article 240 of the Indian Constitution gives the President of the country the right to create peace, development and order, especially in the Union Territories. That means, through the Central Government, he can make rules and laws for the Union Territories i.e. UTs. Article 240 is for those UTs which do not have their own assembly. This applies to Andaman and Nicobar, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu as well as union territories without assembly like Puducherry.
The administration of Chandigarh is currently under the Governor of Punjab. The Governor acts on the advice of the State Cabinet, thus the Punjab Government indirectly interferes in the matters related to Chandigarh. Presently Chandigarh is the capital of Punjab and Haryana. Here SSP is appointed from Punjab and DC is appointed from Haryana cadre. But if Article 240 is implemented then it will also be under the Lieutenant Governor (LG).
After Article 240, the President can directly make rules on Chandigarh’s administration, police, land, education and municipal institutions etc. After the bill, all appointments will be made directly by the central government. The Center will have direct power to make laws.
Question 2- What and why is there an opposition to Article 240?
answer- Punjab leaders say that after Article 240, Punjab’s administrative and political control over Chandigarh will end. Through this, a path is being made to hand over Chandigarh to Haryana. Punjab CM Bhagwant Mann said, ‘We oppose this bill. This is against the interests of Punjab. We will not let the Centre’s conspiracy succeed. Only Punjab has the right on Chandigarh, which was built by destroying the villages of Punjab. We will not let our rights go just like that.
Punjab government and opposition feel that after the implementation of Article 240-
1. Constitutional and administrative rights will be taken away: At present, the administrator of Chandigarh is the Governor of Punjab, who gives indirect control to the state. Article 240 will directly empower the President to make laws and Chandigarh will get a separate LG, which will not be from Punjab. With this, Punjab will not have any rights over Chandigarh.
2. Centre’s anti-Punjab agenda: Punjabi parties consider it a conspiracy by the Centre, which has earlier weakened Punjab on issues like river water dispute, centralizing Punjab University. Akali Dal President Sukhbir Badal said, ‘This bill is a direct attack on the rights of Punjab and violates the basic principles of federalism. We will never accept this and will strongly oppose this move.
3. Threat to federal structure: This step will weaken the rights of the states and give more power to the Centre, which is against the federal structure of India. With this, Chandigarh can benefit Haryana more. Sukhbir Badal again said, ‘This bill is a direct attack on the rights of Punjab and violates the basic principles of federalism.’
At the same time, Pratap Singh Bajwa, leader of the opposition Congress in the Punjab Assembly, called for unity among all political parties. He said that the BJP led central government is preparing to introduce a very sensitive amendment regarding Chandigarh. This is ‘another attack on Punjab’.
Question 3- Why is BJP bent on making Chandigarh a UT?
answer- Due to the opposition to Article 240, the Home Ministry issued a statement on November 23 saying, ‘The proposal to simplify the process of making laws by the Central Government only for the Union Territory of Chandigarh is currently under consideration. No final decision has been taken on this proposal. There is nothing in this to change in any way the administrative system of Chandigarh or the traditional relations of Punjab or Haryana with Chandigarh.
BJP claims that-
- Chandigarh’s development will accelerate: Chandigarh getting UT status will boost development. The Center will be able to implement funding and projects more efficiently, like it happens in Andaman-Nicobar or Lakshadweep.
- Bringing uniformity with other UTs: By bringing Chandigarh under Article 240, it has to be made at par with UTs without assembly like Andaman-Nicobar, Lakshadweep, Dadra-Nagar Haveli. This will simplify the administrative structure, where the President can make rules directly.
- Increasing Administrative Freedom: In the present system, the Punjab Governor is the administrator of Chandigarh, but under Article 240, a separate LG can be appointed, who will be under the direct control of the Centre.
But experts believe that BJP definitely has some big intention behind this. Anyway, everything is in the hands of the Central Government through the Governor, but Article 240 hurts the sentiments of the people of Punjab. They do not want to give up their rights on it.
Senior journalist Hemant Attri told BBC, ‘It is the SOP of the present government that first they see how people are reacting to some issue. The government has no idea how important the issue could be, which has not been resolved even after the formation of 5-6 commissions.
Question 4- What is the history of Chandigarh and how is it emotionally connected?
answer- The ongoing tussle between Punjab and Haryana over Chandigarh is one of India’s oldest and most emotional political disputes. This is not just a question of one city, but a question of identity, pride and history of both the states…
When the country was divided in 1947, the old undivided Punjab broke into two parts. At that time the capital of Punjab was Lahore, which went to Pakistan. Punjab has no major capital left. Shimla was made the temporary capital for a few years, but it was too far away and was not a permanent solution.
In the 1950s, Jawaharlal Nehru and the then Punjab CM Bhimsen Sachar decided to build a completely new, modern and planned city. The place chosen was the foothills of the hills near Tarn Taran, Ropar and Ambala in Punjab. Famous French architect Le Corbusier was entrusted with the responsibility of design. The foundation stone was laid in 1952 and by 1960 the city was almost ready. The city was named after the temple of Chandi Mata – Chandigarh.
In the 1970s, a slogan was very famous in Punjab claiming Chandigarh as its own, ‘Khidiya Phool Gulab Da, Chandigarh Punjab Da.’
Question 5- Then how did Chandigarh get divided between Punjab and Haryana?
answer- When Indira Gandhi became Prime Minister in 1966. At that time the Punjabi Suba movement was at its peak. Under the leadership of Sant Fateh Singh and Master Tara Singh, there was a demand for a separate state on the basis of Punjabi language. Finally, on 1 November 1966, Punjab was divided into two parts. One is Punjab and the other is Haryana.
Both the new states did not have their own capital. For this reason, Chandigarh was made the joint capital of both and it was declared a union territory. At the time of this reorganisation, the Central Government had given a clear written promise, ‘Chandigarh will be handed over to Punjab by 26 January 1970. In return, Punjab will give about 100 Hindi speaking villages in Fazilka and Abohar areas to Haryana. The Center will give Rs 150 crore to make Haryana a separate capital.
This promise is written in the Punjab Reorganization Act 1966. Punjab felt that its own capital would return after a few years. But in 1970, the date of 26 January came and went. The central government did not give Chandigarh to Punjab. Haryana also refused to give the village. The matter was put on hold. Anger flared up in Punjab and a tug of war started between the two states.
By the time Rajiv Gandhi became the Prime Minister, the conflict between the two states had increased a lot. On July 24, 1985, Rajiv Gandhi and Shiromani Akali Dal President Harchand Singh Longowal made a historic agreement, which was the biggest effort to bring peace in Punjab. It was clearly written in it, ‘Chandigarh will be completely handed over to Punjab by 26 January 1986. In return, Punjab will give Hindi speaking area (about 70,000 acres of land) to Haryana. This decision will be taken by an independent commission. The Center will give money to make Haryana a separate capital.
But just a month after the agreement, on 28 August 1985, terrorists killed Harchand Singh Longowal. January 26, 1986 came and went. But Chandigarh was still not found. From then till today, the Rajiv-Longowal agreement has also remained buried on paper.
- Chandigarh is still a union territory.
- Its administrator is the Governor of Punjab, hence Punjab gets some benefit. Like government jobs, land etc.
- Punjab owns more than 60% of the land in Chandigarh, 70-75% of the government employees are from Punjab.
- Haryana has made Panchkula its separate capital, but does not give up its claim on Chandigarh.
- Punjab’s stand: Two written agreements were made in which we were to meet in Chandigarh. We were cheated.
- Haryana’s stand: We also invested money in the construction of Chandigarh. We also have equal rights.