Part VIII: The Union Territories

Article 239AB: Provision in Case of Failure of Constitutional Machinery

Original Article:

If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied—

• That the administration of the National Capital Territory (NCT) cannot function in accordance with the provisions of Article 239AA or any relevant law, or
• That it is necessary or expedient for proper administration of the NCT,

the President may suspend all or specific provisions of Article 239AA or related laws and make necessary incidental and consequential provisions for governance under Articles 239 and 239AA.

Amendments:

• Introduced by the Constitution (Sixty-ninth Amendment) Act, 1991, alongside Article 239AA.

Amendment Explanation:

Article 239AB, introduced through the Sixty-ninth Amendment Act, allows the President to intervene in Delhi’s governance if the constitutional machinery fails. This ensures stability and continuity of administration in the National Capital Territory.

Explanations:

Article 239AB empowers the President to take corrective action if Delhi’s governance fails to function constitutionally. It reflects the central government’s responsibility to maintain administrative stability in the nation’s capital.

Clause-by-Clause Explanation:

Clause (1): Presidential Satisfaction

The President can act based on a report from the Lieutenant Governor or other sources if governance in Delhi is failing.

Clause (2): Suspension of Provisions

The President can suspend parts of Article 239AA or related laws to restore administrative order.

Clause (3): Incidental and Consequential Provisions

The President may issue necessary provisions to align Delhi’s administration with the Constitution during the intervention period.

Historical Significance:

Article 239AB ensures that Delhi’s administration remains functional even during crises. Its inclusion reflects the importance of a stable governance framework for the National Capital Territory, given its unique status and critical role in national governance.

Debates and Deliberations:

• Shri Atal Bihari Vajpayee: Emphasized the need for a strong central mechanism to intervene in Delhi’s governance during emergencies.
• Dr. Shankar Dayal Sharma: Highlighted the importance of Article 239AB to ensure administrative continuity in the national capital.
• Shri Indrajit Gupta: Raised concerns about the potential misuse of Article 239AB, advocating for clear safeguards to prevent arbitrary actions.

Real-Life Examples:

• COVID-19 Pandemic: During the pandemic, differences between the Delhi government and the Lieutenant Governor highlighted the potential need for intervention mechanisms like Article 239AB.
• Administrative Deadlock: Instances of disagreements over legislative or executive actions have underscored the importance of Article 239AB as a constitutional safeguard.

References:

• The Constitution (Sixty-ninth Amendment) Act, 1991
• Constituent Assembly Debates
• Government Notifications