The Constitution of India provides special provisions for Delhi under Article 239AA and the National Capital Territory (NCT). These provisions were implemented by The Constitution (69th Amendment) Act, 1991 to give Delhi a special status, following recommendations from the S Balakrishnan Committee.
Delhi, being the National Capital Territory, is given certain liberties and restrictions by these provisions. The Article states that Delhi will have an Administrator and a Legislative Assembly. While the Legislative Assembly has the power to make laws on certain subjects, it cannot govern on matters concerning police, public order, and land.
Government of National Capital Territory of Delhi (Amendment) Act 2021
The Government of National Capital Territory of Delhi (Amendment) Act 2021 further clarified the governance structure in Delhi. According to this amendment, the term “government” referred to in any law made by the Legislative Assembly of Delhi implies the Lieutenant Governor (L-G). The distribution of power between the Delhi government and the Centre became an issue following this amendment.
The Bureaucracy Control Issue
A recent Supreme Court ruling validated the Delhi government’s control over the bureaucracy, except for public order, police and land departments. The dispute revolved around the Delhi government’s legislative and executive powers relating to ‘services’. This includes services such as IAS, IPS, DANICS, and DANIPS, which are allocated to Delhi by the Union of India and whether these services come under the administrative control of the Delhi government.
The Supreme Court held that the Lt. Governor shall be bound by the decision of the Delhi government. It rejected the Centre’s claim of a strong unitary bias towards Union Territories, emphasizing that democracy and federalism were essential features of the Constitution.
About Article 239AA of the Constitution
Article 239AA was inserted in the Constitution to give Special Status to Delhi. According to this article, the NCT of Delhi will have an Administrator and a Legislative Assembly with the power to make laws for any part of the NCT, except on subjects of police, public order, and land.
Additionally, the Article elucidates that the L-G must act on the advice of the Council of Ministers or implement the decision taken by the President. The L-G also has the power to refer a difference of opinion on ‘any matter’ with the Council of Ministers to the President, creating a balance of power between them.
Administration of Union Territories in India
Part VIII (Articles 239 to 241) of the Constitution deals with the administration of Union Territories in India. These territories are governed by the President through an administrator appointed by him/her. The administrator is not elected but is a representative of the President.
In certain Union Territories like Delhi and Puducherry, the administrator carries significant legislative powers. In others, such as Lakshadweep and Dadra and Nagar Haveli, the administrator’s powers are limited to providing advice to the elected government. The judiciary in these territories is also governed by the Constitution and laws made by the Parliament.
Special Provisions for Delhi and Puducherry
Delhi and Puducherry are provided with a legislative assembly and a Council of Ministers headed by a Chief Minister. Their legislative assembly can make laws with respect to matters enumerated in List II or List III in the Seventh Schedule of the Constitution. However, Entries 1, 2, and 18 of the List II are not within the legislative competence of the legislative assembly.
