NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) BILL, 2023
1. Context
The contentious Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which replaces the ordinance on control of services in the Capital and gives sweeping powers to the Lt Governor and bureaucrats, got Parliament's seal of approval when it cleared Rajya Sabah, four days after its passage in Lok Sabha.
2. About the 69th Constitutional Amendment Act of 1991
- The 69th Constitutional Amendment Act of 1991 is an amendment to the Constitution of India that gave the Union Territory of Delhi a special status.
- The amendment renamed the Union Territory of Delhi as the National Capital Territory of Delhi (NCT) and created a 70-member legislative assembly and a 7-member council of ministers for the NCT.
- However, the amendment also stipulated that the Lieutenant Governor of Delhi, who is appointed by the President of India, would have control over certain matters, such as public order, police and land.
2.1. Provisions of the Amendment
- The NCT has the power to make laws on any of the subjects in the State List or the Concurrent List (Except public order, police and land).
- The laws made by the NCT Assembly must be reserved for the consideration of the President of India.
- The President of India may give directions to the NCT Assembly on matters of public interest.
3. Articles 239 AA and 239 AA of the Constitution
3.1. Article 239AA
This article provides that the NCT shall have a legislative assembly consisting of not more than 70 members and a council of ministers headed by a chief minister.
The Lieutenant Governor of Delhi shall be the head of the NCT and he shall have control over certain matters, such as public order, police and land.
The legislative assembly of the NCT shall have the power to make laws on any of the subjects in the State List or the Concurrent List (except public order, police and land).
However, any law made by the legislative assembly of the NCT must be reserved for the consideration of the President of India.
The President of India may give directions to the legislative assembly of the NCT on matters of public interest.
3.2. Article 239AB
This article provides that the President of India may, by order, suspend the operation of any provision of Article 239AA or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions as may be specified in such law.
The President may make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the NCT by the Provisions of Article 239 and Article 239AA.
4. Comparison between the National Capital Territory of Delhi (NCTD) and other Union Territories
The National Capital Territory of Delhi (NCTD) and other Union Territories (UTs) in India have different administrative and governance structures based on their historical, geographical and political contexts.
| Features | NCTD | Other UTs |
| Legislative Assembly and Executive Power |
under Article 239AA of the Constitution, has a Legislative Assembly and a Council of Ministers responsible for a wide range of subjects, including education, health, transport, and other areas.
However, certain subjects like police, public order, and land are under the control of the Lieutenant Governor (LG).
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Most other UTs do not have a Legislative Assembly or an elected government.
They are directly administered by the President of India through an administrator appointed by the Central Government.
The administrator exercises executive authority on behalf of the President.
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| Special Provisions and Governance |
Delhi has a unique status with partial statehood, allowing it to have its own Legislative Assembly and government.
The LG has discretionary powers over certain matters and can refer disputes to the President.
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Most UTs have a more centralized governance structure.
The Central Government has significant control over these UTs, and decisions are often made by the Central authorities.
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| Representation in Parliament |
Delhi has representation in both houses of Parliament – Lok Sabha (House of the People) and Rajya Sabha (Council of States).
It elects its members to the Lok Sabha and has a share of seats in the Rajya Sabha.
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Most UTs do not have representation in the Rajya Sabha.
They have limited representation in the Lok Sabha, where some UTs are allocated a single seat.
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| Police and Law Enforcement | The Delhi Police is responsible for law enforcement in the NCTD, and the LG exercises control over it. | In other UTs, law and order are generally handled by central police organizations like the Indian Police Service (IPS) and other central law enforcement agencies. |
| Administrative Control | While Delhi has its own government and legislative powers, certain key areas remain under the control of the Central Government due to its status as the national capital. | The Central Government has direct administrative control over most UTs. |
| Local Governance | Delhi is divided into administrative units called "districts" and has local governance bodies such as Municipal Corporations. | Similar local governance bodies exist in some UTs, while others are administered directly by the Central Government. |
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For Prelims: National Capital Territory of Delhi (Amendment) Bill, 2023, Article 239AA, Article 239AB, 69th Constitutional Amendment Act
For Mains:
1. The Government of the National Capital Territory of Delhi (Amendment) Bill, 2023 has raised significant debates about the distribution of powers and authority within Delhi's administrative framework. Comment (250 Words)
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Previous Year Questions
1. The Government of National Capital Territory of Delhi (Amendment) Bill, 2021, which was passed in March 2021 amended the Government of National Capital Territory of Delhi Act, ______. (SSC CGL 2022)
A. 1998 B. 1991 C. 1996 D. 1994
Answer: B
2. Article 239AA of Indian Constitution confers special status on which of the following territories? (MP Vyapam AAO 2018)
A. NCT of Delhi B. Daman and Diu C. Puducherry D. Jammu and Kashmir
Answer: A
3. Which amendment of the Indian Constitution gave Delhi an assembly? (DSSSB TGT 2021)
A. 76 B. 69 C. 61 D. 73
Answer: B
4. Which among the following amendments to the Constitution of India, designated Delhi as National Capital Territory (NCT)? (IB ACIO Grade II 2015)
A. 63rd Amendment Act
B. 69th Amendment Act
C. 74th Amendment Act
D. 76th Amendment Act
Answer: B
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