Home The Constitution Part VIII Article 239AB

Art. 239AB Part VIII: The Union Territories

Provision in Case of Failure of Constitutional Machinery

Exact text — Constitution of India

If the President, on receipt of a report from the Lieutenant Governor of the National Capital Territory of Delhi 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 that article... and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the National Capital Territory...

In Plain English

What this Article actually means

This is Delhi's specific equivalent of Article 356's President's Rule — if the President is satisfied Delhi's special governance arrangement under Article 239AA has broken down (or that suspending it is otherwise necessary for proper administration), they can suspend that Article's operation and take over administration directly, subject to later Parliamentary approval.

Why This Matters To You

How it shows up in everyday life

This provision means Delhi's elected government arrangement, unlike a full state's government, can be more readily suspended by the Union — a structural reminder that Delhi's autonomy, while real, sits within a framework the Union retains significant override power over.

Read alongside this one

Art. 239aa — Special Provisions for Delhi Art. 356 — Failure of Constitutional Machinery in a State

Frequently Asked

Quick answers about Article 239AB

Has this provision ever actually been invoked?

It exists as a safeguard/override mechanism but its use is exceptional; disputes over Delhi's governance have more often played out through Supreme Court litigation over the ordinary Article 239AA framework rather than this suspension power being invoked.

← PreviousArticle 239AA: Special Provisions for the National Capital Territory of Delhi Next →Article 240: President's Power to Make Regulations for Certain Union Territories

The text above reproduces Article 239AB of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.