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

Article 239B: Power of administrator to promulgate Ordinances during recess of Legislature (1) If at any time, except when the Legislature of the Union
📅 Part VIII – The Union Territories
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Article Number

239B

part

Part VIII – The Union Territories

Status

Active

Bare Acts Text

Article 239B: Power of administrator to promulgate Ordinances during recess of Legislature

  • (1) If at any time, except when the Legislature of the Union territory of 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    • (b) may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf.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.
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Full Definition & Explanation

Article 239B of the Indian Constitution outlines the powers of the administrator of a Union territory, specifically Puducherry, to issue Ordinances during the time when the legislature is not in session. An Ordinance is a temporary law that allows the administrator to act quickly when urgent situations arise. This provision ensures that immediate governance can continue in the absence of legislative sessions, which is key for effective administration. The administrator must act upon the instructions from the President of India before promulgating any Ordinance, ensuring that there is a level of oversight from the central government. However, there are exceptions to the powers granted by this article. If the legislature is dissolved or its functioning is suspended, the administrator is prohibited from issuing any Ordinance during that time. This restriction prevents the misuse of executive power in situations where legislative authority has been interrupted. The Ordinance must also be presented before the legislature once it reconvenes, and it will cease to operate after six weeks unless it is approved. This requirement maintains a check on the Ordinance-making power of the administrator and keeps the legislature involved in the law-making process. The implications of Article 239B are major for the governance of Union territories. It ensures that the region can respond to urgent needs without delay. For instance, during natural disasters or emergencies, immediate laws can be enacted to manage the situation effectively. However, it also places key checks on this power, ensuring that the legislature’s authority is not overridden by executive actions. Overall, this balance aims to maintain democratic processes while also providing flexibility in governance.

Historical Context

An Ordinance is a temporary law that allows the administrator to act quickly when urgent situations arise. This provision ensures that immediate governance can continue in the absence of legislative sessions, which is key for effective administration. The administrator must act upon the instructions from the President of India before promulgating any Ordinance, ensuring that there is a level of oversight from the central government. However, there are exceptions to the powers granted by this article. Article 239B of the Indian Constitution outlines the powers of the administrator of a Union territory, specifically Puducherry, to issue Ordinances during the time when the legislature is not in session.

Key Features

– The article allows the administrator to issue Ordinances in urgent situations.
– Ordinances can only be promulgated when the legislature is not in session.
– The administrator must seek instructions from the President before issuing an Ordinance.
– Ordinances are temporary and must be presented to the legislature later.
– An Ordinance ceases to operate after six weeks unless approved by the legislature.

Importance & Impact

– The article enables quick action during emergencies in Union territories.
– Legislative approval is needed after the promulgation of any Ordinance.
– The President’s instructions ensure oversight of the administrator’s decisions
– It maintains a check on the powers of the administrator.
– The article helps in managing governance efficiently during legislative recess.

Sample UPSC Question

Which of the following statements about Article 239B of the Indian Constitution is incorrect? A) It allows the administrator to issue Ordinances. B) The administrator needs the President’s instructions. C) Ordinances can be issued when the legislature is in session. D) Ordinances cease to operate after six weeks without legislative approval. Discuss the implications of these statements and choose the correct option.

Answer

The correct answer is C. Article 239B clearly states that Ordinances can only be issued when the legislature is not in session, ensuring legislative power is respected. Options A and B are correct as they reflect the provisions of the article, while D correctly describes the temporary nature of Ordinances but notes they need approval.

Key Takeaways

✓ Article 239B allows urgent law-making in Union territories.
✓ The administrator’s power is checked by the President’s instructions.
✓ Ordinances are temporary and require legislative approval later.
✓ Immediate action can be taken during emergencies without delay.
✓ Legislature involvement ensures democratic processes are maintained

FAQs

An Ordinance is a temporary law issued by the administrator of a Union territory, aimed at quickly addressing urgent situations. It allows for immediate governance when the legislature is not in session. For example, if there is a natural disaster, an Ordinance can be enacted to ensure necessary laws are in place without delay.

The Ordinance must also be presented before the legislature once it reconvenes, and it will cease to operate after six weeks unless it is approved. This requirement maintains a check on the Ordinance-making power of the administrator and keeps the legislature involved in the law-making process. The implications of Article 239B are major for the governance of Union territories.

For instance, during natural disasters or emergencies, immediate laws can be enacted to manage the situation effectively. However, it also places key checks on this power, ensuring that the legislature’s authority is not overridden by executive actions. Overall, this balance aims to maintain democratic processes while also providing flexibility in governance.

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