Chandigarh administration shifts signal Article 240 groundwork

Recent changes in Chandigarh's bureaucracy and service rules suggest the union territory is being prepared for governance under Article 240 of the Constitution. These moves include adopting central civil service rules and empowering AGMUT cadre officers in key posts. Experts debate whether this will enhance central control or benefit the city's development.

Chandigarh, a union territory shared as the capital of Punjab and Haryana, is witnessing administrative reforms that appear to lay the groundwork for bringing it under Article 240. This constitutional provision allows the President to make regulations for the peace, progress, and good government of specified union territories, bypassing Parliament for certain laws.

In 2022, during a visit to inaugurate projects, Union Home Minister Amit Shah announced the implementation of Central Civil Service Rules for all Chandigarh administration employees, replacing the earlier Punjab Civil Service Rules. Previously in force until 1991, these central rules now provide pay scales aligned with central standards, raise the retirement age from 58 to 60, and extend child care leave for women employees to two years from one. The Punjab Governor currently holds additional charge as the territory's administrator, with key state laws extending to the city due to its shared status.

Bureaucratic shifts have increasingly favored AGMUT cadre officers for significant roles. For instance, Hari Kallikkat, an AGMUT officer, was appointed managing director of CITCO, a post previously held by a Punjab officer. The health department, earlier under a senior IAS from Haryana, is now with AGMUT cadre officer Ajay Chagti following the repatriation of Arun Gupta. Assistant Estate Officer positions are filled by UT cadre officers like Khushpreet, Naveen (both DANICS), and Rajiv Tewari. This year, the Adviser to the Administrator was redesignated as Chief Secretary, who continues to report to the Punjab Governor but may gain further powers akin to a Lieutenant Governor.

Amit Shah's frequent visits, including inaugurating smart city projects and implementing new criminal laws from Chandigarh, underscore the Centre's growing involvement. In 2016, an attempt to appoint K J Alphons as an independent administrator was halted amid opposition from the Shiromani Akali Dal government, a practice initiated in 1984 during Punjab's President's rule amid terrorism.

Pawan Bansal, a three-time MP, warns of grave consequences, noting the Centre would gain sweeping powers to amend laws via presidential regulations, such as altering the mayor's tenure without parliamentary approval. He advocates for an empowered Mayor-in-Council system instead. Conversely, BJP leader Arun Sood views it positively, citing potential for increased budgets and a future legislative assembly.

Vinod Vashisht, convener of the City Forum of Residents Welfare Organisations, emphasizes the need for more representative governance: “Chandigarh is a UT without a legislature. What is more important is to bring in more people representative power to the Chandigarh union Territory governance instead of vesting all decision-making in a single person. First, it’s time to introduce five-year term for mayoral elections and enhancing jurisdictional powers of Chandigarh Municipal Corporation.”

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