Article 239AA of Indian Constitution

Introduction 

Article 239AA of the Indian Constitution represents a landmark provision that grants special status to Delhi, transforming it from a mere Union Territory into the National Capital Territory (NCT) of Delhi. Inserted through the Constitution (Sixty-ninth Amendment) Act, 1991, and effective from 1st February 1992, this article established a unique quasi-federal structure for Delhi, balancing its dual role as both the nation's capital and a territory with an elected government. 

Historical Background and Nomenclature 

• Under Section 239AA (1) the Union Territory of Delhi was officially redesignated as the "National Capital Territory of Delhi." This constitutional amendment also changed the title of the administrator from "Administrator" to "Lieutenant Governor," recognizing Delhi's distinctive constitutional position. 
• This nomenclature change symbolized Delhi's elevated status while maintaining its character as a Union Territory under the administrative framework of Article 239. 

Legislative Assembly and Electoral Framework 

• Section 239AA (2) establishes a Legislative Assembly for the National Capital Territory, with members elected through direct elections from territorial constituencies.  
  • The section mandates that Parliament shall determine crucial aspects through law, including the total number of seats, seats reserved for Scheduled Castes, constituency delimitation, and other matters concerning the Assembly's functioning. This provision democratized Delhi's governance while keeping ultimate legislative control with Parliament. 
• Furthermore, Section 239AA(2)(c) applies Articles 324 to 327 and 329 to Delhi's elections, ensuring that the same electoral principles governing state elections apply to the NCT, with the "appropriate Legislature" being Parliament rather than the state legislature. 

Legislative Powers and Limitations 

• The most significant aspect of Article 239AA lies in Section 239AA(3), which defines the legislative competence of Delhi's Assembly. Under Section 239AA(3)(a), the Assembly can make laws for the NCT on matters enumerated in the State List and Concurrent List, applicable to Union Territories.  
• However, critical exceptions exist—the Assembly cannot legislate on Entries 1 (Public Order), 2 (Police), and 18 (Land) of the State List, nor on Entries 64, 65, and 66 insofar as they relate to these three entries. 
• This restriction has been a source of considerable constitutional debate, as it limits the elected government's authority over crucial administrative matters. Section 239AA(3)(b) explicitly preserves Parliament's overriding power to make laws for Delhi on any matter, ensuring the Union's supremacy. 

Repugnancy and Presidential Assent 

• Section 239AA(3)(c) addresses situations were Delhi Assembly laws conflict with Parliamentary legislation. It establishes that Parliamentary laws shall prevail in cases of repugnancy, rendering the Assembly's law void to the extent of inconsistency. 
• However, the first proviso creates an exception: if the Assembly's law receives Presidential assent after being reserved for consideration, it shall prevail in the NCT.  
• The second proviso clarifies that Parliament retains the power to enact laws on the same matter, including amending or repealing laws made by the Assembly, even after Presidential assent. 

Executive Structure 

• Section 239AA (4) establishes a Council of Ministers, limited to ten percent of the Assembly's total membership, headed by a Chief Minister. These Ministers aid and advise the Lieutenant Governor on matters within the Assembly's legislative competence, except where the Lieutenant Governor must act in his discretion. 
• The crucial proviso to Section 239AA (4) has been particularly contentious: in case of differences between the Lieutenant Governor and Ministers, the matter must be referred to the President for decision. Pending the President's decision, the Lieutenant Governor can take immediate action if he deems the matter urgent. This provision has been the subject of significant judicial interpretation regarding the balance of power in Delhi's governance. 
• Section 239AA(5) provides that the President appoints the Chief Minister and other Ministers on the Chief Minister's advice, with Ministers holding office during the President's pleasure. Section 239AA(6) establishes collective responsibility of the Council of Ministers to the Legislative Assembly, incorporating a key principle of parliamentary democracy. 

Supplementary Provisions 

• Section 239AA(7) empowers Parliament to make laws supplementing these provisions, and such laws are not considered constitutional amendments under Article 368, even if they have the effect of amending the Constitution.  
• Section 239AA(8) applies Article 239B provisions to Delhi, similar to their application to Puducherry. 

Conclusion 

Article 239AA is a constitutional arrangement that gives Delhi significant self-rule while keeping the Union government as the ultimate authority over the national capital. This balance defines Delhi’s special status in India’s federal system.