Part VIII - The Union Territories • Article

Article 239AB Simplified: Provision in case of failure of constitutional machinery

Article 239AB provides for the suspension of Delhi's constitutional machinery. If the President, on receiving a report from the LG or otherwise, is satisfied that the administration of Delhi cannot be carried on according to Article 239AA, the President may suspend any provision of Article 239AA or related laws, establishing direct central administration.

Official Text

[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.]

Simple Meaning

Explain Like Ten

Article 239AB is a rule in the Constitution about provision in case of failure of constitutional machinery. It says who has power, what process must be followed, or what limit applies for that topic.

Student Mode

Article 239AB, titled "Provision in case of failure of constitutional machinery", should be read with its surrounding Part and nearby articles. The official text is authoritative; explanations are only learning aids.

Example

If there is a massive breakdown of law and order in Delhi, or if no political party can form a government after elections, the LG sends a report to the Union Cabinet. The President can then issue an order under Article 239AB to suspend the elected Delhi Assembly and rule the capital directly.

Key Takeaway

Article 239AB acts as the equivalent of President's Rule (Article 356) specifically designed for the unique administrative structure of Delhi.

FAQs

What does Article 239AB mainly deal with?

Article 239AB mainly deals with provision in case of failure of constitutional machinery.

Is the simplified explanation a substitute for the official text of Article 239AB?

No. The official constitutional text of Article 239AB remains the authoritative source.