Constitution Section 239AB — Provision in case of failure of constitutional machinery

Part VIII — THE UNION TERRITORIES

Constitutional

Summary

If the President receives a report from the Lieutenant Governor of Delhi or otherwise believes that the administration of the National Capital Territory cannot be carried out properly under the special constitutional provisions for Delhi, or that it is necessary for proper administration, the President can suspend any part of those special provisions or any law made under them. The suspension can last for a specific period and follow conditions set out in that law. The President can also make any additional arrangements needed to run the territory according to the general constitutional rules for union territories and the special rules for Delhi.

Official 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 thatarticle 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.