What is Article 239AB of Indian Constitution – Defination & Meaning

Article 239AB: Provision in case of failure of constitutional machinery If the President, on receipt of a report from the Lieutenant Governor or otherwise, is
📅 Part VIII – The Union Territories
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Article Number

239AB

part

Part VIII – The Union Territories

Status

Active

Bare Acts Text

Article 239AB: Provision in case of failure of constitutional machinery

  • If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied—
    • (a)that a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with the provisions of article 239AA or of any law made in pursuance of that article; or
    • (b)that for the proper administration of the National Capital Territory it is necessary or expedient so to do,
  • the President may by order suspend the operation of any provision of article 239AA or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions as may be specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the National Capital Territory in accordance with the provisions of article 239 and article 239AA.
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Full Definition & Explanation

Article 239AB deals with situations where the constitutional machinery in the National Capital Territory (NCT) of Delhi fails. This provision allows the President of India to take necessary actions based on reports from the Lieutenant Governor or other sources. If the President believes that the administration of the NCT cannot function as intended according to Article 239AA, or if an exceptional situation arises, the President can suspend the operation of certain provisions of Article 239AA. This act helps the central government maintain order and governance in the NCT when local authorities are unable to perform their duties. The application of Article 239AB can lead to major changes in the governance of Delhi. For instance, if the local government is paralyzed due to political conflicts or other crises, the President can step in to ensure that laws are enforced and public services continue. This can include suspending local laws to maintain the status quo or appointing a central administrator to oversee the governance. This article aims to ensure that the administration remains functional, ultimately protecting the citizens’ rights and welfare. However, this power is also a double-edged sword. While it can help restore order, it can also be misused, leading to conflicts between the central and local governments. This has historical implications, as the central government has occasionally been accused of overreach into local governance. Understanding Article 239AB is key for grasping the dynamic between state and central power, particularly in the unique context of Delhi, which has a complex governance framework involving both the central and state authorities.

Historical Context

This provision allows the President of India to take necessary actions based on reports from the Lieutenant Governor or other sources. If the President believes that the administration of the NCT cannot function as intended according to Article 239AA, or if an exceptional situation arises, the President can suspend the operation of certain provisions of Article 239AA. This act helps the central government maintain order and governance in the NCT when local authorities are unable to perform their duties. The application of Article 239AB can lead to major changes in the governance of Delhi.

Key Features

– The President can act based on reports from the Lieutenant Governor.
– It allows suspension of provisions of Article 239AA when required.
– This article applies specifically to the National Capital Territory of Delhi.
– The central government can intervene during governance failures.
– It aims to maintain order and administration in crisis situations.

Importance & Impact

– The article helps ensure governance continuity in Delhi
– It provides the President with emergency powers for administration
– This provision can prevent political chaos from affecting citizens
– It allows for central oversight during local governance failures
– The article’s application can affect Delhi’s political landscape significantly

Sample UPSC Question

Consider the following statements regarding Article 239AB of the Indian Constitution: A) It allows the President to suspend local laws in Delhi. B) The President acts only on the advice of the Prime Minister. C) It applies when the administration of the NCT cannot function properly. D) The provision was added through the 60th Amendment. Which of the above statements is/are correct? A) A and B only B) A and C only C) B and D only D) A, C, and D.

Answer

The correct answer is B) A and C only. Article 239AB allows the President to suspend local laws in Delhi when the administration cannot function properly. The statement regarding the 60th Amendment is incorrect as Article 239AB was introduced by the 69th Amendment.

Key Takeaways

✓ Article 239AB allows presidential intervention in Delhi’s governance.
✓ It applies during failures of constitutional machinery in the NCT.
✓ Local laws can be suspended for effective administration.
✓ The President acts based on reports from the Lieutenant Governor.
✓ This provision aims to ensure public welfare during crises.

FAQs

Article 239AB deals with situations where the constitutional machinery in the National Capital Territory (NCT) of Delhi fails. This provision allows the President of India to take necessary actions based on reports from the Lieutenant Governor or other sources. If the President believes that the administration of the NCT cannot function as intended according to Article 239AA, or if an exceptional situation arises, the President can suspend the operation of certain provisions of Article 239AA.

This can include suspending local laws to maintain the status quo or appointing a central administrator to oversee the governance. This article aims to ensure that the administration remains functional, ultimately protecting the citizens’ rights and welfare. However, this power is also a double-edged sword. Article 239AB deals with situations where the constitutional machinery in the National Capital Territory (NCT) of Delhi fails.

While it can help restore order, it can also be misused, leading to conflicts between the central and local governments. This has historical implications, as the central government has occasionally been accused of overreach into local governance. Understanding Article 239AB is key for grasping the dynamic between state and central power, particularly in the unique context of Delhi, which has a complex governance framework involving both the central and state authorities.

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Editor-in-Chief Pramod

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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