Article 239AB

Failure of Constitutional Machinery in Delhi (President's Rule)

Official heading: “Provision in case of failure of constitutional machinery”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part VIII, Article 239AB, printed pages 118–119
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

Open official PDF at this article Report a text or source error

AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.

1. In One Sentence

Authorizes the President to suspend provisions of Article 239AA and administer Delhi directly when constitutional machinery fails.

2. What It Means in Everyday Language

Article 239AB is Delhi’s specific equivalent to Article 356 (President’s Rule in States).

If the President receives a report from the Lieutenant Governor or is otherwise satisfied that Delhi’s administration cannot be carried on in accordance with Article 239AA, the President may suspend any provision of Article 239AA or related laws.

During this suspension, the President makes necessary arrangements for administering the National Capital Territory directly through the Lieutenant Governor or other designated authorities.

3. Practical Illustrative Example

Everyday Scenario:

Following an election in Delhi, no political alliance can form a majority ministry, or the Chief Minister resigns without an alternative government.

Core takeaway: Under Article 239AB, the President imposes President’s Rule, placing the Legislative Assembly under suspended animation and vesting administration in the Lieutenant Governor.

Illustrative Notice: Presidential orders under Article 239AB remain subject to constitutional judicial review to prevent arbitrary dismissal of elected governance.

4. Important Limits, Qualifications & Exceptions

Article 239AB provides emergency executive intervention specifically tailored to Delhi.

Precondition of failure: Applies when administration cannot be carried on in accordance with Article 239AA.
Suspension power: The President may suspend specific clauses or all of Article 239AA operations.
Accountability: Governed by standard constitutional standards of proportionality and bona fide exercise.

5. Operative Constitutional 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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

•
Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part VIII, Article 239AB, printed pages 118–119 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource