Article 239B Simplified: Power of administrator to promulgate Ordinances during recess of Legislature

Official Text

[(1) If at any time, except when the Legislature of the Union territory of Puducherry is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that no such Ordinance shall be promulgated by the administrator except after obtaining instructions from the President in that behalf: Provided further that whenever the said Legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the administrator shall not promulgate any Ordinance during the period of such dissolution or suspension. (2) An Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the Union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, but every such Ordinance— (a) shall be laid before the Legislature of the Union territory and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature or if, before the expiration of that period, a resolution disapproving it is passed by the Legislature, upon the passing of the resolution; and (b) may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, it shall be void.]

Simple Meaning

Article 239B gives the Administrator (LG) of Puducherry the power to issue temporary Ordinances when the UT's Legislature is in recess. To exercise this legislative power, the Administrator must obtain prior instructions and approval from the President of India. The Ordinance must be approved by the legislature within 6 weeks of reassembly, or it ceases to hold force.

Explain Like Ten

If the Legislative Assembly of Puducherry is on holiday and there is an urgent need for a new law, the Administrator (LG) can issue a temporary law called an 'Ordinance'. However, they must get approval from the President of India first.

Student Mode

Article 239B authorizes the Administrator of Puducherry to promulgate Ordinances during the recess of the UT Legislature. The Administrator can only issue such an Ordinance after obtaining mandatory instructions from the President. The Ordinance must be tabled before the local legislature and ceases to operate 6 weeks after reassembly unless disapproved earlier.

Example

If Puducherry needs to pass an urgent tax relief scheme during legislative recess, the LG cannot issue an Ordinance on their own. Under Article 239B, they must seek approval from the President of India first. Once approved, the Ordinance is issued and must be tabled before the Puducherry Assembly when they next meet.

Key Takeaway

Article 239B authorizes the Administrator of Puducherry to promulgate temporary ordinances during legislative recess, subject to mandatory Presidential approval.

FAQs

Can the Puducherry administrator issue an Ordinance independently?

No, Article 239B(1) proviso explicitly states that no Ordinance shall be promulgated except after obtaining instructions from the President of India.

What happens to a UT Ordinance once the legislature reassembles?

It must be laid before the Legislature of the Union Territory and ceases to operate six weeks from its reassembly, or earlier if a resolution of disapproval is passed.

Can an Ordinance be issued if the Puducherry assembly is dissolved?

No, the administrator cannot promulgate any Ordinance during periods of assembly dissolution or suspension.

Quiz

Under Article 239B, the Administrator of Puducherry can promulgate Ordinances only after obtaining instructions from:

Answer: The President of India

A UT Ordinance promulgated under Article 239B automatically expires after how many weeks from the assembly's reassembly?

Answer: 6 weeks

Related Topics

• Article 239AB
• Article 240