Administrator's Ordinance-Making Power in Union Territories
Official heading: “Power of administrator to promulgate Ordinances during recess of Legislature”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part VIII, Article 239B, printed pages 119–120
- Last human source-link check
- Not yet checked
- Last human legal review
- Not yet reviewed
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1. In One Sentence
Authorizes administrators of Union Territories with legislatures to promulgate temporary ordinances during recess with presidential concurrence.
2. What It Means in Everyday Language
Article 239B confers emergency ordinance-making power on administrators of Union Territories that possess a Legislative Assembly (such as Puducherry and Delhi).
The administrator can only promulgate an ordinance when the Legislature is in recess and immediate action is deemed necessary.
Unlike a State Governor, the administrator cannot promulgate an ordinance without obtaining prior instructions from the President.
Ordinances expire six weeks after the reassembly of the Legislature unless approved earlier or withdrawn.
3. Practical Illustrative Example
A sudden fiscal or public health crisis arises in Puducherry while its Legislative Assembly is prorogued.
4. Important Limits, Qualifications & Exceptions
Article 239B provides temporary legislative powers subject to Union oversight.
- Strict presidential oversight: Requires prior instructions from the President before promulgation.
- Recess requirement: Cannot be promulgated when the Legislature is in session.
- Dissolution restriction: An ordinance cannot be promulgated during the dissolution or suspension of the Legislature.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part VIII, Article 239B, printed pages 119–120 • 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.
