Article 239AB of The Constitution of India
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.]
↩1.Subs. by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for "(7)" (w.e.f. 21-12-1991).
↩2.Ins. by s. 3, ibid. (w.e.f. 21-12-1991).
↩3.Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for "Pondicherry" (w.e.f. 1-10-2006).
Summary
- This rule allows the President to step in and suspend the normal functioning of Delhi's government if the constitutional machinery breaks down.
- The President can take this action after receiving a report from the Lieutenant Governor or being satisfied through other means.
- This ensures the proper administration of the National Capital Territory can continue even during a crisis.
- The President can suspend any part of Section 239AA or related laws to resolve the situation and maintain order.
Practical examples
FAQ
1. When can the President suspend Delhi's government under Section 239AB of The Constitution of India?
Under Section 239AB, the President can suspend the government if satisfied that administration cannot be carried on according to the rules of Section 239AA, or if it is necessary for proper administration.
2. Does the President need a report from the Lieutenant Governor to act under Section 239AB?
No, Section 239AB of the Constitution states the President can act on a report from the Lieutenant Governor or "otherwise" if satisfied a situation has arisen.
3. What happens to the rules of Section 239AA during a crisis under Section 239AB?
Under Section 239AB of the Constitution, the President may by order suspend the operation of any provision of Section 239AA for a specified period.
Test yourself
1.Under Section 239AB of the Constitution of India, who has the authority to suspend the operation of provisions relating to Delhi's administration?
2.Based on Section 239AB of The Constitution of India, which of the following is a valid reason for the President to intervene in Delhi?
3.If the President intervenes under Section 239AB of the Constitution, what can be done regarding the rules established by Section 239AA?
4.Reading Section 239AB alongside Section 239AA of the Constitution of India, if the President suspends the local rules, what governs the new temporary administration?