THE UNION TERRITORIES (1) As from
the date of commencement of the Constitution (Sixty-ninth Amendment)
Act, 1991, the Union territory of Delhi shall be called the National
Capital Territory of Delhi (hereafter in this Part referred to as the
National Capital Territory) and the administrator thereof appointed
under article 239 shall be designated as the Lieutenant Governor. (2) (a) There shall be a Legislative Assembly for the National Capital
Territory and the seats in such Assembly shall be filled by members
chosen by direct election from territorial constituencies in the
National Capital Territory. (b) The total number of seats in the Legislative Assembly, the number
of seats reserved for Scheduled Castes, the division of the National
Capital Territory into territorial constituencies (including the basis
for such division) and all other matters relating to the functioning
of the Legislative Assembly shall be regulated by law made by
Parliament. (c) The provisions of articles 324 to 327 and 329 shall apply in
relation to the National Capital Territory, Legislative Assembly of
the National Capital Territory and the members thereof as they apply,
in relation to a State, the Legislative Assembly of a State and the
members thereof respectively; and any reference in articles 326 and
329 to "appropriate Legislature" shall be deemed to be a reference to
Parliament. (3) (a) Subject to the provisions of this Constitution, the
Legislative Assembly shall have power to make laws for the whole or
any part of the National Capital Territory with respect to any of the
matters enumerated in the State List or in the Concurrent List in so
far as any such matter is applicable to Union territories except
matters with respect to Entries 1, 2 and 18 of the State List and
Entries 64, 65 and 66 of that List in so far as they relate to the
said Entries 1, 2, and 18. (b) Nothing in sub-clause (a) shall derogate from the powers of
Parliament under this Constitution to make laws with respect to any
matter for a Union territory or any part thereof. (c) If any provision of a law made by the Legislative Assembly with
respect to any matter is repugnant to any provision of a law made by
Parliament with respect to that matter, whether passed before or after
the law made by the Legislative Assembly, or of an earlier law, other
than a law made by the Legislative Assembly, then, in either case, the
law made by Parliament, or, as the case may be, such earlier law,
shall prevail and the law made by the Legislative Assembly shall, to
the extent of the repugnancy, be void:
Provided that if any such law made by the Legislative Assembly has
been reserved for the consideration of the President and has received
his assent, such law shall prevail in the National Capital Territory: Provided further that nothing in this sub-clause shall prevent
Parliament from enacting at any time any law with respect to the same
matter including a law adding to, amending, varying or repealing the
law so made by the Legislative Assembly. (4) 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, except in so far as he is, by or under any law, required to
act in his discretion: Provided that 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 and pending
such decision it shall be competent for the Lieutenant Governor in any
case where the matter, in his opinion, is so urgent that it is
necessary for him to take immediate action, to take such action or to
give such direction in the matter as he deems necessary. (5) 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. (6) The Council of Ministers shall be collectively responsible to the
Legislative Assembly. _191[(7)(a)] Parliament may, by law, make provisions for giving effect
to, or supplementing the provisions contained in the foregoing clauses
and for all matters incidental or consequential thereto. _192[(b) Any such law as is referred to in sub-clause (a) shall not be
deemed to be an amendment of this Constitution for the purposes of
article 368 notwithstanding that it contains any provision which
amends or has the effect of amending, this Constitution.] (8) The provisions of article 239B shall, so far as may be, apply in
relation to the National Capital Territory, the Lieutenant Governor
and the Legislative Assembly, as they apply in relation to the Union
territory of Pondicherry, the administrator and its Legislature,
respectively; and any reference in that article to "clause (1) of
article 239A" shall be deemed to be a reference to this article or
article 239AB, as the case may be.
|