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

Description

[After article 239A of the Constitution, the following article shall be inserted through Constitution (Twenty-Seventh Amendment) Act, 1971]

(1)If at any time, except when the Legislature ofthe 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(b)may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf.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.[Editorial comment-The Constitution (Twenty-Seventh Amendment) Act, 1971 the addition of Article 239B gave the Administrator of a Union Territories with legislature the authority to promulgate ordinances when the Legislature is not in session. After receiving instructions from the President, the power of the Administrator will help issue such an ordinance. The administrator, however, shall not issue ordinances during recess or during any period of any dissolution or suspension of the Legislature.Also Refer ][Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]

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