Section 50 of The Government of National Capital Territory of Delhi Act, 1991 in hindi
Period of order made under article 239AB and approval thereof by Parliament.
- (1)Every order made by the President under article 239AB shall expire at the end of one year from the date of issue of the order and the provisions of clauses (2) and (3) of article 356 shall, so far as may be, apply to such order as they apply to a Proclamation issued under clause (1) of article 356.
- (2)Notwithstanding anything contained in sub-section (1), the President may extend the duration of the aforesaid order for a further period not exceeding two years from the date of expiry of the order under sub-section (1) subject to the condition that every extension of the said order for any period beyond the expiration of one year shall be approved by resolutions of both Houses of Parliament.
Summary
- This section regulates the timeline and parliamentary approval for orders made by the President under Article 239AB of the Constitution.
- Any order made by the President under Article 239AB will expire at the end of one year from the date it was issued.
- Certain parts of Article 356 of the Constitution, specifically clauses (2) and (3), apply to this order just like they apply to a state emergency proclamation.
- The President can extend the order for a further period, but the total extension cannot exceed two years from the date the initial order expires.
- Any extension of the order beyond the first year is only valid if both Houses of Parliament approve it by passing resolutions.
Practical examples
FAQ
1. How long does an initial order made by the President under Article 239AB last?
The initial order expires at the end of one year from the date of issue.
2. Can the President extend an Article 239AB order beyond the first year?
Yes, the President can extend the order, but any extension beyond the first year requires the approval of both Houses of Parliament.
3. Is there a maximum limit on how long the President can extend the order?
Yes, the President can extend the order for a further period of up to, but not exceeding, two years from the date the initial one-year order expires.
4. Which clauses of Article 356 of the Constitution apply to these presidential orders?
Clauses (2) and (3) of Article 356 apply to these orders, as far as they can be applied.
Test yourself
Q1.Under Section 50 of The Government of National Capital Territory of Delhi Act, 1991, what is the expiration period of an initial order made by the President under Article 239AB?
Q2.Under Section 50 of The Government of National Capital Territory of Delhi Act, 1991, what is the maximum duration for which the President may extend an Article 239AB order after its initial one-year expiration?
Q3.Under Section 50 of The Government of National Capital Territory of Delhi Act, 1991, whose approval is required for any extension of the President's order beyond the first year?
Q4.Under Section 50 of The Government of National Capital Territory of Delhi Act, 1991, which specific provisions of Article 356 of the Constitution apply to a presidential order under Article 239AB?