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Tags Current Affairs

Special powers related to Union Territory of Delhi

Date: 08 February 2020 Tags: Constitution

Issue

Delhi Assembly is facing elections and various political parties have demanded full statehood. In this regard it is imperative to look at the provisions pertaining to Delhi in the constitution.

 

Details

Administration of the Union Territories comes under Article 239 which puts them under President through an administrator. However, power to decide the “structure” of administration in UT is vested in Parliament{Article 239A}.

 

Legislative

  • In Article 239AA {inserted by 69th amendment act, 1991} there are special provisions regarding Delhi. This article designates the Union Territory of Delhi as National Capital Territory of Delhi and provides for a legislative assembly for Delhi.

  • However, the legislative assembly of Delhi was empowered to make laws on all subjects of state list or concurrent list except four subjects viz. Public order, Police, Land and Offenses against the laws.

Executiuve

  • 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, with 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.

  • The Chief Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of the President.

  • 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.

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