Article 239B of Constitution of India – Power of administrator to promulgate Ordinances during recess of Legislature
Article 239B of Constitution of India deals with Power of administrator to promulgate Ordinances during recess of Legislature
Original Text of Article 239B of Constitution of India
(1) If at any time, except when the Legislature of 2[the Union territory of 3[Puducherry]] is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:
Provided that no such Ordinance shall be promulgated by the administrator except after obtaining instructions from the President in that behalf:
Provided further that whenever the said Legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the administrator shall not promulgate any Ordinance during the period of such dissolution or suspension.
(2) An Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the Union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, but every such Ordinance—
(a) shall be laid before the Legislature of the Union territory and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature or if, before the expiration of that period, a resolution disapproving it is passed by the Legislature, upon the passing of the resolution; and
(b) may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf.
(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, it shall be void.]
Questions related to Article 239B of Constitution of India
Article 239B of the Indian Constitution allows the Administrator or Lieutenant Governor of certain Union Territories, like Delhi or Puducherry, to issue ordinances when the legislature is not in session. According to Indian Kanoon, this provision is similar to the ordinance-making power of the President under the Constitution of India.
Under Article 239B of the Constitution of India, the Administrator or Lieutenant Governor of Union Territories can issue ordinances with the approval of the President, as per Indian Kanoon guidelines.
Article 239B of the Articles of Indian Constitution can be used when the Legislative Assembly of a Union Territory is not in session, and immediate action is required. Indian Kanoon highlights this provision as a tool to meet urgent administrative needs.
Yes, according to Indian Kanoon, ordinances issued under Article 239B of the Indian Constitution must be approved by the legislature within six weeks of its reassembly, similar to other ordinance provisions in the Constitution of India.
You can read the full text and detailed interpretation of Article 239B of the Indian Constitution on Indian Kanoon, which provides comprehensive insights into all Articles of Indian Constitution in a user-friendly format.
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