National Capital Territory of Delhi

National Capital Territory of Delhi:

Union Territories:

• • Articles 239 to 241 of Part VIII address the union territories.
  • The President of India appoints an administrator to oversee the administration of the Union
    Territories.
  • The administrator is a presidential envoy, not an elected official.
  • Unique arrangements for Delhi and Puducherry: The Union Territories of Delhi and Puducherry are endowed with a legislative assembly and a council of ministers led by the chief minister.

Special status to Delhi

• • The 69th constitutional amendment act of 1991 added articles 239 AA AND 239 AB to grant Delhi special status on the advice of the S. Balakrishnan committee.
  • Delhi, the National Capital Territory, will have a legislative assembly and an administrator.
  • The Delhi legislative assembly has the authority to enact legislation on any topic that is on the state list or concurrent, with the exception of land, public order, and law enforcement.
  • Additionally, it gives the lieutenant governor the authority to forward disagreements with the council of ministers to the president.
  • The President appoints the Chief Minister.
  • On the recommendation of the Chief Minister, COM, and no more than 10% of the assembly’s members, the President appoints the remaining Ministers.
  • According to Article 239AB, the president may suspend the application of any or all of the provisions of Article 239AA as well as any law enacted in accordance with the article by an order.

National capital Territory of Delhi (Amendment) ACT, 2021.

Provisions of the act:

• • The Lieutenant Governor shall now be referred to as the “government” in any statute passed by the Legislative Assembly of Delhi.
  • The statute gives the governor discretionary authority, even in areas that fall under the legislative assembly’s purview.
  • Section 44 of the 1991 legislation now includes an extra clause requiring the government to consult the LGs on all issues prior to taking any executive action.

NCT Delhi amendment act, 2023:

• • The National Capital Civil Servants Permanent Authority is to be established by the statute.
  • The Delhi Chief Minister, the Principal Secretary, and the Chief Secretary will make up this group.

Section 45D amendment:

• • It grants the centre authority over the nomination of candidates to Delhi’s statutory commissions and tribunals.
  • It implies that the president shall form, appoint, or nominate any authority, board, commission, statutory board, office bearer, or member thereof, established or appointed by or under law for the time being in effect in and for the NCT of Delhi.
  • If there is a disagreement, the Lieutenant Governor’s decision will take precedence.