The Indian Constitution is a comprehensive document that outlines the fundamental principles and framework for the governance of the country. It provides for various provisions to ensure the smooth functioning of the government and the protection of the rights and interests of its citizens. One such provision is Article 239AB, which deals with the situation of the failure of constitutional machinery in certain Union territories.

Understanding Article 239AB

Article 239AB was inserted into the Indian Constitution by the Constitution (Sixty-ninth Amendment) Act, 1991. It applies to the Union territories of Delhi and Puducherry. This provision grants special status to these territories and provides for a Legislative Assembly and a Council of Ministers.

Under Article 239AB, the President of India has the power to make regulations for the peace, progress, and good governance of Delhi and Puducherry. These regulations can be made either with the concurrence of the Lieutenant Governor (LG) or in cases where there is a difference of opinion between the LG and the Council of Ministers, with the prior approval of the President.

Failure of Constitutional Machinery

The term "failure of constitutional machinery" refers to a situation where the government is unable to function in accordance with the provisions of the Constitution. It may arise due to various reasons such as political instability, administrative breakdown, or any other circumstances that disrupt the normal functioning of the government.

In the event of a failure of constitutional machinery in Delhi or Puducherry, Article 239AB provides for the imposition of President's Rule. President's Rule is the suspension of the elected government and the imposition of direct rule by the President through the Governor or the LG, as the case may be.

When President's Rule is imposed, the Legislative Assembly is either dissolved or kept in suspended animation. The Council of Ministers is dismissed, and the Governor or the LG assumes the executive powers of the state government.

Imposition of President's Rule

The imposition of President's Rule in Delhi or Puducherry is not an arbitrary decision but is based on certain conditions and procedures outlined in the Constitution. The President can impose President's Rule if:

1. The President is satisfied that a situation has arisen in which the government of the Union territory cannot be carried on in accordance with the provisions of the Constitution.
2. The President receives a report from the LG of the Union territory or otherwise comes to the conclusion that the government of the Union territory cannot be carried on in accordance with the provisions of the Constitution.

Before imposing President's Rule, the President must seek a report from the Governor or the LG and also give an opportunity to the elected government to present its views. The report of the Governor or the LG is not binding on the President, who can exercise his/her discretion in deciding whether to impose President's Rule or not.

Once President's Rule is imposed, it can remain in force for a maximum period of six months. However, it can be extended for a further period with the approval of both houses of Parliament. During this period, the President can make regulations for the governance of the Union territory.

Consequences of President's Rule

The imposition of President's Rule has significant consequences for the governance and administration of the Union territory. Some of the key consequences include:

1. The Legislative Assembly is either dissolved or kept in suspended animation.
2. The Council of Ministers is dismissed, and the Governor or the LG assumes the executive powers of the state government.
3. The elected government loses its decision-making authority, and the Governor or the LG exercises direct control over the administration.
4. The President can make regulations for the governance of the Union territory, and these regulations have the same force and effect as an Act of Parliament.
5. The President can also delegate the power to make regulations to the LG or any other authority specified by him/her.

It is important to note that the imposition of President's Rule is an exceptional measure and is intended to be temporary. It is aimed at restoring the normal functioning of the government and ensuring the welfare and well-being of the people.

Judicial Review and Safeguards

Article 239AB is not immune to judicial review. The Supreme Court of India has the power to examine the validity and legality of the actions taken under this provision. It ensures that the imposition of President's Rule is not arbitrary and is based on valid grounds.

Furthermore, the Constitution provides certain safeguards to protect the rights and interests of the citizens during the period of President's Rule. The President is required to submit a report to the Parliament justifying the imposition of President's Rule, and the Parliament can revoke or modify the proclamation of President's Rule by a simple majority.

Conclusion

Article 239AB of the Indian Constitution plays a crucial role in ensuring the governance and administration of the Union territories of Delhi and Puducherry. It provides for a special status and grants certain powers to the President to make regulations for the smooth functioning of these territories.

In case of a failure of constitutional machinery, Article 239AB allows for the imposition of President's Rule, which involves the suspension of the elected government and the assumption of executive powers by the Governor or the LG. This provision is aimed at restoring normalcy and ensuring good governance in the Union territories.

However, the imposition of President's Rule is not an arbitrary decision and is subject to judicial review. The Supreme Court acts as a safeguard to ensure that the actions taken under this provision are valid and lawful.

Overall, Article 239AB serves as an important provision in the Indian Constitution, providing a mechanism to address the failure of constitutional machinery in Delhi and Puducherry and ensuring the welfare and well-being of the citizens.