Article 239AA- Special provisions with respect to Delhi
Article 239aa of Indian Constitution
Original Text:
(1) As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall be called the National Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor.
(2)(a) There shall be a Legislative Assembly for the National Capital Territory, and the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory.
(b) The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled Castes, the division of the National Capital Territory into territorial constituencies (including the basis for such division), and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament.
(ba) seats shall be reserved for women in the Legislative Assembly of the National Capital Territory of Delhi.
(bb) As nearly as may be, one-third of the seats reserved for the scheduled Castes in the Legislative Assembly of the National Capital Territory of Delhi shall be reserved for women.
(bc) As nearly as may be, one-third of the total number of seats to be filled by direct election in the Legislative Assembly of the National Capital Territory of Delhi (including the number of seats reserved for women belonging to the scheduled castes) shall be reserved for women in such a manner as Parliament may by law determine”.
(c) The provisions of articles 324 to 327 and 329 shall apply in relation to the National Capital Territory, the Legislative Assembly of the National Capital Territory and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively; and any reference in articles 326 and 329 to “appropriate Legislature” shall be deemed to be a reference to Parliament.
(3) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2 and 18.
(b) Nothing in sub-clause (a) shall derogate from the powers of Parliament under this Constitution to make laws with respect to any matter for a Union territory or any part thereof.
(c) If any provision of a law made by the Legislative Assembly with respect to any matter is repugnant to any provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative Assembly, then, in either case, the law made by Parliament, or, as the case may be, such earlier law, shall prevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void: Provided that if any such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the National Capital Territory: Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly.
(4) There shall be a Council of Ministers consisting of not more than ten per cent. Of the total number of members in the Legislative Assembly, the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion:
Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary.
(5) The Chief Minister shall be appointed by the President, and other Ministers shall be appointed by the President on the advice of the Chief Minister, and the Ministers shall hold office at the pleasure of the President.
(6) The Council of Ministers shall be collectively responsible to the Legislative Assembly.
(7) (a)] Parliament may, by law, make provisions for giving effect to or supplementing the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto.
(b) Any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this Constitution for the purposes of article 368, notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.]
(8) The provisions of article 239B shall, so far as may be, apply in relation to the National Capital Territory, the Lieutenant Governor and the Legislative Assembly, as they apply in relation to the Union territory of [Puducherry], the administrator and its Legislature, respectively; and any reference in that article to “clause (1) of article 239A” shall be deemed to be a reference to this article or article 239AB, as the case may be.
Commentary:
The 69th Constitutional Amendment Act of 1991 granted a unique status to the union territory of Delhi. It was then renamed as the National Capital Territory of Delhi, and the administrator of Delhi was given the title of lieutenant governor. This amendment has also led to the establishment of a legislative assembly of state and a council of ministers in Delhi.
The article granted special status to Delhi following the recommendation of the S Balakrishnan Committee, which was set up in 1987 to look into statehood demand for Delhi.
Article 239AA introduced the following provisions:
- Change of Name: the union territory of Delhi has been known as the National Capital Territory of Delhi.
- Lieutenant Governor: The administrator of Delhi appointed under Article 239 will act as the Lieutenant Governor of Delhi.
- Legislative Assembly of NCT of Delhi: It has members elected directly from territorial regions within Delhi to fill its seats. The number of seats, the reservation for scheduled castes, the division into territorial constituencies, and other related aspects of the Legislative Assembly are all determined by a law passed by Parliament.
- Council of Ministers headed with a CM to aid and advise the Lieutenant Governor of Delhi. The Council of Ministers consists of no more than 10% of the members of the Legislative Assembly, with the chief minister as its head.
- Appointment by the President: It is the President’s responsibility to appoint the Chief Minister (CM), and other ministers are appointed based on the recommendation of the chief minister.
Powers of the Legislative Assembly of Delhi:
The power to enact laws for Delhi on subjects mentioned in the state list or the concurrent list is vested in the Legislative Assembly. However, this excludes certain specific matters from the state list and portions of entries 64, 65, and 66. Such legislative powers are subject to the provisions of the Constitution.
- Suppose there is a disagreement between laws enacted by the Legislative Assembly and those enacted by Parliament on the same subject. In that case, the law passed by Parliament or any prior law not passed by the Legislative Assembly prevails.
- However, a law passed by the Legislative Assembly, reserved for the President’s consideration and subsequently approved, shall take precedence in the National Capital Territory.
Powers of CM and Council of Ministers in Delhi
- The Council of Ministers is collectively responsible and accountable to the Legislative Assembly.
- The chief minister aids and advises the lieutenant governor on matters that fall within the authority of the Legislative Assembly, except for those matters that require the discretionary action of the lieutenant governor.
- Suppose there is a disagreement between the lieutenant governor and the Ministers. In that case, the matter is referred to the President for a decision, and the lieutenant governor acts in accordance with the decision. Nevertheless, the lieutenant governor retains authority over urgent matters that necessitate immediate intervention.
- Provisions of Article 239B are applied, as much as feasible, to the lieutenant governor and the Legislative Assembly of Delhi in a manner akin to the Administrator and Legislature of the Union territory of Puducherry.
Government of National Capital Territory of Delhi (GNCTD) Act
The GNCTD Act was passed along with the Article 239AA
- , outlining the following powers:
- powers of the Legislative Assembly of NCT of Delhi,
- the discretionary powers of the LG of NCT of Delhi, and
- the duties of the CM regarding the need to furnish information to the LG.
As per the Act, the Legislative Assembly of NCT of Delhi has the power to make laws in all matters given in the State list except public order, police and land.
List of Amendments:
| Amendment | Description |
| 69th Amendment Act, 1991 | Introduced article 239AA and established the Government of NCT of Delhi |
| GNCTD Act, 1991 | Outlined the powers of the Legislature and the executive of the NCT of Delhi. It mentions that the Legislative Assembly of NCT of Delhi has the power to make laws in all matters given in the State list except public order, police and land. |
| GNCTD (Amendment) Act, 2021 | It gives discretionary powers to the LG of NCT of Delhi even in matters where Delhi’s Legislative Assembly is empowered to make laws |
| 106th Constitution Act, | 1/3rd of the seats in the Assembly of the NCT of Delhi shall be reserved for women. It includes 1/3rd horizontal Reservation in seats for SCs. |
