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Article 239B

Administrator's Ordinance-Making Power in Union Territories

Official heading: “Power of administrator to promulgate Ordinances during recess of Legislature”

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Source edition
The Constitution of India (as on 1 May 2026)
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Part VIII, Article 239B, printed pages 119–120
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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Ordinances expire six weeks after the reassembly of the Legislature unless approved earlier or withdrawn.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

Everyday Scenario:

A sudden fiscal or public health crisis arises in Puducherry while its Legislative Assembly is prorogued.

Core takeaway: Under Article 239B, the Lieutenant Governor may promulgate an urgent Ordinance having the force of law, after obtaining instructions from the President.
Illustrative Notice: The Ordinance must be laid before the Assembly upon reconvening and ceases to operate after six weeks unless formally passed into law.

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

(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.
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 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.

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

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