Article 239AA of Indian Constitution

Article 239AA of Indian Constitution

#GS-02 Indian Constitution

For Prelims

Article 239AA

  • Article 239AA was added by the 69th amendment to the Constitution and created a legislative assembly for Delhi.
  • Article 239AA clause 3(a) states that Legislative Assembly of the NCR can make laws with respect to any of the matters enumerated in the state or concurrent lists under the seventh schedule, excluding the matters regarding land, police and law & order which were to be governed by the Centre through the LG.
  • As per clause (4) of Article 239AA, there shall be a Council of Ministers headed by the Chief Minister of the state which will ‘aid and advise’ the LG on the matters given in clause 3(a).
  • The Lieutenant Governor must refer ‘any matter’ to the President of India for his/her decision if there is a clash of opinion between the governor and the Council of Ministers headed by the Chief Minister of the State.
  • The LG is bound by the decision given by the President under this article.
  • Also, any law relating to local bodies passed by the Delhi legislative assembly must be submitted to the Urban Development Ministry for approval.
  • Such a law must also be in compliance with the Municipal Corporation Act 1957.

Supreme Court’s Judgements:

  • Supreme Court in 2018 confirmed that the Lieutenant-Governor has discretionary power over public order, police and land in case of Delhi.

Source “Excluding civil servants from a State’s realm negates autonomy