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Article 239B Of Indian Constitution In English
Article 239B – Power of administrator to promulgate Ordinances during recess of Legislature.
(1) If at any time, except when the Legislature of the Union territory of Pondicherry 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 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, 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(b) may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf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.
Article 239B In English
239B Article – Power of administrator to promulgate ordinances during recess of legislature.
(1) If at any time, except when the Legislature of the Union territory of Pondicherry is in session, its Administrator is satisfied that there are circumstances which render it necessary for him to take immediate action, he may promulgate such Ordinances as Provided that no such ordinance shall be promulgated by the Administrator except after obtaining a direction from the President in this behalf: Provided that whenever the said Legislature is dissolved, or from the President, its functioning shall be deemed to be an Act of the Union territory. After the provisions contained in any such law referred to in clause (1) of section 239A of the Legislature have been duly enacted, the Administrator shall not promulgate any Ordinance during such period. dissolution or suspension.
(2) An Ordinance promulgated under this article in pursuance of the directions of the President shall be deemed to be an Act of the Legislature of a Union territory duly enacted after having complied with the provisions contained in any such law. 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 function on the expiration of six weeks from the reconstitution of the legislature or if, before the expiry of that period, a resolution disapproving it is passed by the Legislature , on the passing of the resolution; And
(b) may be withdrawn at any time by the Administrator after receiving a direction from the President in this regard
(3) If and in so far as an Ordinance under this article makes any provision which shall not be valid if it is enacted in an Act of the Legislature of the Union territory, having complied with the provisions in that behalf, as referred to in it. In clause (1) of article 239A, it shall be void.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 239B Of Indian Constitution?
In Article 239B you see “Power of administrator to promulgate Ordinances during recess of Legislature” that means (1) If at any time, except when the Legislature of the Union territory of Pondicherry 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: more above.
Article 239B Debate Summary
This provision was not a part of the Constitution of India, 1950. It was inserted by the Constitution (Thirty-seventh Amendment) Act, 1971.
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