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[Cites 0, Cited by 0] [Article 239B] [Constitution]

Constitution Subarticle

Article 239B(3) in Constitution of India

(3)If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, it shall be void.[Editorial comment-The Constitution (Twenty-Seventh Amendment) Act, 1971 the addition of Article 239B gave the Administrator of a Union Territories with legislature the authority to promulgate ordinances when the Legislature is not in session. After receiving instructions from the President, the power of the Administrator will help issue such an ordinance. The administrator, however, shall not issue ordinances during recess or during any period of any dissolution or suspension of the Legislature.Also Refer ][Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]