सं Samvidhan

The Constitution of India

Article 239B

Power of administrator to promulgate Ordinances during recess of Legislature

Why this exists

Puducherry has a Legislature but remains a Union territory under central oversight, unlike a full state. Article 239B mirrors the President's ordinance-making power under Article 123, giving the Union territory a way to handle urgent matters when its own Legislature is not sitting - but keeping it firmly tied to Presidential (i.e., central government) approval, since Union territories don't enjoy the same legislative autonomy as states.

Common misconceptions
  • Myth: The Administrator of Puducherry can issue Ordinances on his own authority, just like a state Governor.
    Fact: Unlike a Governor under Article 213, the Administrator must first obtain the President's instructions before promulgating any Ordinance under Article 239B.
  • Myth: An Ordinance can be issued even if the Legislature has been dissolved or suspended.
    Fact: The second proviso specifically bars the Administrator from issuing Ordinances during dissolution or suspension of the Legislature.
Article 239B — Power of administrator to promulgate Ordinances during recess of Legislature · Samvidhan