CONCEPT – ARTICLE 239 AA

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 CONCEPT – ARTICLE 239 AA

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• An Act further to amend the Constitution of India
• BE it enacted by Parliament in the Forty Second Year of Republic of India as follows :-
• Short title and commencement, Insertion of new articles 239 AA and 239 AB : 

1. This Act may be called the Constitution (Sixty ninth Amendment ) Act, 1991.
2. It shall come into force on such date* as the Central Government may, by notification in the official Gazette, appoint. (*Came into force on 1-2-1992 vide Gazette of India Extraordinary Part-II Sec.3 (ii) dated  31-1-1992.)

• Special provisions with respect to Delhi 
• After article 239A of the Constitution, the following articles shall be inserted namely :- 

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) and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor. 
2. There shall be a Legislative Assembly for the National Capital Territory of Delhi and the seats in such  Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory. 
3.  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.
4. The provisions of articles 324 to 327 and 329 shall apply in relation to the National Capital Territory,  the 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.
5. Subject to the provisions of the 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 of 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 44, 65 and 66 of that List in so far as they relate to the said Entries 1,2,and 18.
6. 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.
7. 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 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.
• There shall be a Council of Ministers consisting of not more than ten percent, 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 to 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.
• 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. 
• The Council of Ministers shall be collectively responsible to the Legislative Assembly.
• Parliament may, by law, make provisions for giving effect to, or supplementing provisions  contained in the foregoing clauses and for all matter incidental or consequential thereto . 
• 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 not withstanding that it contains any provision which amends or has the effect of amending this constitution. 
• {*Inserted by section 3 of the Constitution  (Seventieth Amendment) Act, 1992, (w.e.f 21-12-1991)}
• The Provisions of article 239 B 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 239 A” shall be deemed to be a reference to this article or article 239 AB, as the case may be.
• Provisions in case of failure of constitutional machinery : 
• 239AB. If the President, on receipt of a report from the Lieutenant Governor or otherwise , is satisfied : 

1. that a situation has arisen in which the administration of the National Capital Territory  cannot be carried on in accordance with the Provisions of article 239AA or of any law made in pursuance of that article; or 
2. that for the proper administration of the National Capital Territory it is necessary or expedient so to do.

• The President may by order suspend the operation of any provision or article 239 AA or 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 and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the National Capital Territory in accordance with the provisions of article 239 and article 239 AA.

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