Part VIII: The Union Territories

Article 239B: Power of Administrator to Promulgate Ordinances

Original Article:

(1) The Administrator of Puducherry may promulgate ordinances during legislative recess, provided urgent circumstances demand immediate action and Presidential approval is obtained.

(2) Ordinances promulgated under Article 239B shall cease to operate six weeks after the reassembly of the Legislature or sooner if disapproved by a resolution.

(3) Any provision in an ordinance that would not be valid in regular legislation shall be void.

Amendments:

• Introduced by the Constitution (Twenty-seventh Amendment) Act, 1971.
• Updated through the Goa, Daman, and Diu Reorganisation Act, 1987.
• Revised via the Pondicherry (Alteration of Name) Act, 2006.

Amendment Explanation:

Article 239B was introduced to grant administrators in Union Territories the flexibility to address urgent legislative requirements during recess, ensuring continuity in governance.

Explanations:

This article allows the Administrator of a Union Territory to promulgate ordinances during the legislative recess when immediate action is required. However, it ensures that the ordinance is subject to legislative approval once the Legislature reconvenes.

Clause-by-Clause Explanation:

Clause (1): Ordinance Power During Legislative Recess

The Administrator can issue ordinances during recess, provided Presidential approval is obtained and the ordinance addresses urgent needs.

Clause (2): Duration of Ordinance

Ordinances cease after six weeks of the Legislature's reassembly or upon disapproval by a resolution.

Clause (3): Validity of Ordinances

Ordinances cannot include provisions that would be invalid in regular legislation.

Historical Significance:

Article 239B reflects the need for executive flexibility in Union Territories, allowing timely legislative responses while maintaining checks and balances through legislative oversight and Presidential instructions.

Debates and Deliberations:

• Shri R.V. Dhulekar: Emphasized the need for urgent legislative action during crises in Union Territories.
• Dr. B.R. Ambedkar: Highlighted the importance of Presidential oversight to prevent misuse of ordinance power.
• Shri M.K. Nambiar: Raised concerns about balancing executive authority and democratic accountability.

Real-Life Examples:

• COVID-19 Pandemic: Ordinances could address urgent health regulations if the Legislature is in recess.
• Flood Relief in Puducherry: During severe floods, the Administrator could promulgate ordinances for immediate relief measures.

References:

• The Constitution (Twenty-seventh Amendment) Act, 1971
• The Goa, Daman, and Diu Reorganisation Act, 1987
• The Pondicherry (Alteration of Name) Act, 2006