Part VIII: The Union Territories

Article 239AA: Special Provisions with Respect to Delhi

Original Article:

(1) From the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, Delhi shall be called the National Capital Territory (NCT), and its administrator shall be designated as the Lieutenant Governor.

(2) There shall be a Legislative Assembly for the NCT of Delhi, composed of members chosen by direct election.

(3) Subject to the Constitution, the Legislative Assembly shall have power to make laws on matters listed in the State and Concurrent Lists, except for public order, police, and land.

(4) A Council of Ministers, led by the Chief Minister, shall aid and advise the Lieutenant Governor.

Amendments:

• Inserted by the Constitution (Sixty-ninth Amendment) Act, 1991.
• Updated through the Constitution (Seventieth Amendment) Act, 1992, regarding procedural simplifications.

Amendment Explanation:

The Sixty-ninth Amendment introduced Article 239AA to provide a unique governance framework for Delhi. The creation of a Legislative Assembly reflected demands for greater autonomy, while retaining Union oversight on critical subjects like land and law and order.

Explanations:

Article 239AA grants Delhi the status of a National Capital Territory with a Legislative Assembly. It balances local autonomy with Union control over sensitive matters like public order and land management.

Clause-by-Clause Explanation:

Clause (1): Renaming and Administration of Delhi

Delhi is officially designated as the National Capital Territory (NCT), with an appointed Lieutenant Governor as its administrator.

Clause (2): Establishment of the Legislative Assembly

A Legislative Assembly is created, with members elected by the people of Delhi.

Clause (3): Legislative Powers

The Legislative Assembly can make laws on subjects in the State and Concurrent Lists, except for public order, police, and land.

Clause (4): Role of the Council of Ministers

The Council of Ministers advises the Lieutenant Governor but must work within the constitutional framework, ensuring Union oversight where needed.

Historical Significance:

Article 239AA addressed long-standing demands for self-governance in Delhi. Its unique framework reflects Delhi's dual role as India's capital and a region with local governance needs.

Debates and Deliberations:

• Shri Atal Bihari Vajpayee: Supported the creation of a Legislative Assembly but stressed the need for Union oversight in national interest.
• Shri P.V. Narasimha Rao: Highlighted the delicate balance needed between Delhi’s local aspirations and its role as the national capital.
• Shri K.R. Narayanan: Proposed limiting Delhi’s legislative powers on key subjects like land to ensure alignment with Union policies.

Real-Life Examples:

• COVID-19 Management: Conflicts arose between Delhi’s elected government and the Lieutenant Governor over healthcare policies, highlighting the challenges of dual governance.
• Law and Order: The 2020 riots in Delhi underscored the importance of Union control over police and public order in the NCT.

References:

• The Constitution (Sixty-ninth Amendment) Act, 1991
• Government of NCT of Delhi Act, 1991
• Constituent Assembly Debates