Article 239 AB of the Constitution providesa) Power of administrator t...
Answer : c) Provision in case of failure of constitutional machinery of National Capital Territory.
Government may, by notification in the Official Gazette, appoint. under article 239 shall be designated as the Lieutenant Governor.
National Capital Territory.
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Article 239 AB of the Constitution providesa) Power of administrator t...
Article 239AB of the Constitution
Article 239AB of the Constitution deals with the provision in case of the failure of the constitutional machinery in the National Capital Territory (NCT) of Delhi.
Provision in Case of Failure of Constitutional Machinery
In case there is a failure of the constitutional machinery in the NCT of Delhi, the President of India is empowered to assume to himself all or any of the functions of the government of the NCT. This provision is similar to the provisions under Article 356, which deals with the imposition of President's Rule in states.
Procedure for Imposition of President's Rule
- If the President, on receipt of a report from the Lieutenant Governor of Delhi or otherwise, is satisfied that a situation has arisen in which the government of the NCT cannot be carried on in accordance with the provisions of the Constitution, he may, by proclamation, assume to himself all or any of the functions of the government of the NCT.
- The proclamation imposing President's Rule needs to be approved by both houses of Parliament within a period of two months from the date of its issue. If it is not approved within this period, it ceases to operate.
- The President's Rule can be extended for a maximum period of one year through successive Parliamentary approvals.
Impact of the Provision
Once the President assumes the functions of the government of the NCT, the Legislative Assembly of Delhi is either suspended or dissolved. The President can then govern the NCT through an administrator or through any other authority appointed by him. The administrator is responsible for exercising the powers and discharging the functions of the government of the NCT.
Conclusion
Article 239AB of the Constitution provides for the provision in case of the failure of the constitutional machinery in the National Capital Territory of Delhi. It empowers the President of India to assume the functions of the government of the NCT and govern it through an administrator or any other authority appointed by him. This provision ensures that in case of a breakdown of governance in Delhi, the President can step in and ensure the smooth functioning of the administration.
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