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mains Test Series 2018
Q. Constitutional status of Delhi: Discuss the constitutional status of the National Capital Region Delhi.
Aug 06, 2016 Related to : GS Paper-2

Ans :

Introduction-

Recently Delhi High Court ruled that Delhi is just Union Territory and the Lieutenant Governor is its administrative head. With this order Delhi High Court has answered some major and unresolved questions about the constitutional status of the National Capital Region.

Constitutional status of Delhi-

  • According to article 239 of India constitution Union territory shall be administered by the President.
  • Article 239AA of the Indian Constitution, enacted as per 69th Amendment Act of 1991, confers special previsions for National Capital Territory of Delhi. It will be administered by Lieutenant Governor.

Clarification by High Court-

  • Court ruled that though a specific constitutional provision has been inserted by the Constitution (69th Amendment) Act, 1991 to deal with the administration of the Delhi, it continues to be a Union Territory and does not acquire the status of a State
  • The Delhi High Court has held that the special provisions incorporated for Delhi, under Article 239AA of the Constitution, do not negate the effect of Article 239, which empowers the Lieutenant Governor to act independently of his Council of Ministers.
  • All services under NCT of Delhi which is a Union Territory are governed by Entry 70 of List I alone and thus fall beyond the legislative competence of the Legislative Assembly of NCT of Delhi.
  • The executive power being co-extensive with the legislative power, it goes without saying that the Government of NCT of Delhi cannot claim any executive power in relation to matters with respect to ‘services.
  • Lieutenant Governor is not bound to act on the aid and advice of the Council of Ministers. Court ruled that the concurrence of the Lt Governor is mandatory for all administrative decisions of Council of Ministers of Delhi.

Conclusion-

Union territory Delhi due to some special provisions inserted through 69th amendment act has always created some confusion with respect to jurisdiction of Delhi Government. With ruling of High Court many unresolved questions were answered.  Delhi continues to be a union territory and Lieutenant Governor being its administrative head.


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