Official Legislative Archive

The Government of National Capital Territory of Delhi (Amendment) Bill, 2023

SECTION Section 1

Untitled Section

•PART VIII

•1[THE UNION TERRITORIES]

•2[239. (1) Save as otherwise provided by Parliament

•by law, every Union territory shall be administered by the

•President acting, to such extent as he thinks fit, through

•an administrator to be appointed by him with such

•designation as he may specify.

(2)Notwithstanding anything contained in Part VI,

•the President may appoint the Governor of a State as the

•administrator of an adjoining Union territory, and where

•a Governor is so appointed, he shall exercise his functions

•as such administrator independently of his Council of

Ministers.

•3[239A. (1) Parliament may by law create 4[for the

•Union territory of 5[Puducherry]]—

(a)a body, whether elected or partly nominated

•and partly elected, to function as a Legislature for the

•Union territory, or

(b)a Council of Ministers,

•or both with such constitution, powers and functions, in

•each case, as may be specified in the law.

(2)Any such law as is referred to in clause (1) 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.]

•6[239AA. (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

•Administration of

•Union territories.

•Creation of local

•Legislatures or

•Council of

•Ministers or both

•for certain Union

territories.

•Special provisions

•with respect to

Delhi.

1Subs.by the Constitution (Seventh Amendment) Act, 1956, s. 17, for the heading

•“THE STATES IN PART C OF THE FIRST SCHEDULE“.

2Subs.by s. 17, ibid ., for arts. 239 and 240.

3Ins.by the Constitution (Fourteenth Amendment) Act, 1962, s. 4.

4Subs.by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “for

•any of the Union territories of Goa, Daman and Diu and Pondicherry”(w.e.f. 30-5-1987).

5Subs.by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for

•“Pondicherry“ (w.e.f. 1-10-2006).

6Ins.by the Constitution (Sixty-ninth Amendment) Act, 1991, s. 2 (w.e.f. 1-2-1992).

•121

•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, 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.

(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

•THE CONSTITUTION OF INDIA

•(Part VI.—The Union territories.—Art. 239AA.)

•122

•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 other Ministers shall be appointed by

•the President on the advice of the Chief Minister and the

•THE CONSTITUTION OF INDIA

•(Part VI.—The Union territories.—Art. 239AA.)

•123

•Ministers shall hold office during the pleasure of the

President.

(6)The Council of Ministers shall be collectively

•responsible to the Legislative Assembly.

•1[(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.

•2[(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

•3[Puducherry], 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.

239AB.If the President, on receipt of a report from

•the Lieutenant Governor or otherwise, is satisfied—

(a)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

(b)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 of article 239AA or of all or any of the

1Subs.by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for “(7)” (w.e.f.

•21-12-1991).

2Ins.by s. 3, ibid. (w.e.f. 21-12-1991).

3Subs.by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for

•“Pondicherry“ (w.e.f. 1-10-2006).

•Provision in case

•of failure of

•constitutional

machinery.

•THE CONSTITUTION OF INDIA

•(Part VI.—The Union territories.—Arts. 239AA-239AB.)

•124

•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

SECTION Section 2

Untitled Section

•article 239 and article 239AA.

•1[239B. (1) If at any time, except when the Legislature

•of 2[the Union territory of 3[Puducherry]] is in session, the

•administrator thereof is satisfied that circumstances exist

•which render it necessary for him to take immediate

•action, he may promulgate such Ordinances as the

•circumstances appear to him to require:

•Provided that no such Ordinance shall be

•promulgated by the administrator except after obtaining

•instructions from the President in that behalf:

•Provided further that whenever the said Legislature

•is dissolved, or its functioning remains suspended on

•account of any action taken under any such law as is

•referred to in clause (1) of article 239A, the administrator

•shall not promulgate any Ordinance during the period

•of such dissolution or suspension.

(2)An Ordinance promulgated under this article in

•pursuance of instructions from the President shall be

•deemed to be an Act of the Legislature of the Union

•territory which has been duly enacted after complying

•with the provisions in that behalf contained in any such

•law as is referred to in clause (1) of article 239A, but

•every such Ordinance—

(a)shall be laid before the Legislature of the

•Union territory and shall cease to operate at the

1Ins.by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f.

•30-12-1971).

2Subs.by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “a

•Union territory referred to in clause (1) of article 239A”(w.e.f. 30-5-1987).

3Subs.by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for

•“Pondicherry“ (w.e.f. 1-10-2006).

•Power of

•administrator to

•promulgate

•Ordinances during

•recess of

Legislature.

•THE CONSTITUTION OF INDIA

•(Part VI.—The Union territories.—Arts. 239AB-239B.)

•125

•expiration of six weeks from the reassembly of the

•Legislature or if, before the expiration of that period,

•a resolution disapproving it is passed by the

•Legislature, upon the passing of the resolution; and

(b)may be withdrawn at any time by the

•administrator after obtaining instructions from the

•President in that behalf.

(3)If and so far as an Ordinance under this article

•makes any provision which would not be valid if enacted

•in an Act of the Legislature of the Union territory made

•after complying with the provisions in that behalf

•contained in any such law as is referred to in clause (1)

•of article 239A, it shall be void.]

•1* * * *

SECTION Section 3

Untitled Section

240.(1) The President may make regulations for the

•peace, progress and good government of the Union

•territory of—

(a)the Andaman and Nicobar Islands;

•2[(b) Lakshadweep;]

•3[(c) Dadra and Nagar Haveli;]

•4[(d) Daman and Diu;]

•5[(e) Puducherry;]

•6***

•7***:

•8[Provided that when any body is created under article

•239A to function as a Legislature for the 9[Union territory

•Power of

•President to make

•regulations for

•certain Union

territories.

1Cl.(4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 4

•(retrospectively) and omitted by the Consititution (Forty-fourth Amendment) Act, 1978,

s.32 (w.e.f. 20-6-1979).

2Subs.by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973

•(34 of 1973), s. 4, for entry ( b) (w.e.f. 1-11-1973).

3Ins.by the Constitution (Tenth Amendment) Act, 1961, s. 3.

4Subs.by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for

•entry ( d) (w.e.f. 30-5-1987). Entry ( d) was ins. by the Constitution (Twelfth Amendment)

•Act, 1962, s. 3.

5Subs.by The Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for

•“Pondicherry” (w.e.f. 1-10-2006).

•6The entry ( f) relating to Mizoram omitted by the State of Mizoram Act, 1986 (34 of

•1986), s. 39 (w.e.f. 20-2-1987).

•7The entry ( g) relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh

•Act, 1986 (69 of 1986), s. 42 (w.e.f. 20-2-1987).

8Ins.by the Constitution (Fourteenth Amendment) Act, 1962, s. 5.

9Subs.by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4, for “Union

•territory of Goa, Daman and Diu or Pondicherry” (w.e.f. 15-2-1972).

•THE CONSTITUTION OF INDIA

•(Part VI.—The Union territories.—Arts. 239B-240.)

•126

1Subs.by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for

•“Pondicherry“ (w.e.f. 1-10-2006).

2Ins.by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f.

•15-2-1972).

3Subs.by s. 4, ibid., for “any existing law”(w.e.f. 15-2-1972).

4Subs.by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “State

•specified in Part C of the First Schedule”.

5Subs.by s. 29 and Sch., ibid ., for “such State”.

6Subs.by s. 29 and Sch., ibid., for cls. (3) and (4).

•of 1[Puducherry], the President shall not make any

•regulation for the peace, progress and good government

•of that Union territory with effect from the date appointed

•for the first meeting of the Legislature:]

•2[Provided further that whenever the body

•functioning as a Legislature for the Union territory of

•1[Puducherry] is dissolved, or the functioning of that body

•as such Legislature remains suspended on account of

•any action taken under any such law as is referred to in

SECTION Section 4

Untitled Section

•clause (1) of article 239A, the President may, during the

•period of such dissolution or suspension, make

•regulations for the peace, progress and good government

•of that Union territory.]

(2)Any regulation so made may repeal or amend

•any Act made by Parliament or

•3[any other law] which is

•for the time being applicable to the Union territory

•and, when promulgated by the President, shall have the

•same force and effect as an Act of Parliament which

•applies to that territory.]

SECTION Section 5

Untitled Section

241.(1) Parliament may by law constitute a High

•Court for a

•4[Union territory] or declare any court in any

•5[such territory] to be a High Court for all or any of the

•purposes of this Constitution.

(2)The provisions of Chapter V of Part VI shall apply

•in relation to every High Court referred to in clause (1) as

•they apply in relation to a High Court referred to in

SECTION Section 6

Untitled Section

•article 214 subject to such modifications or exceptions as

•Parliament may by law provide.

•6[(3) Subject to the provisions of this Constitution

•and to the provisions of any law of the appropriate

•High Courts for

•Union territories.

•THE CONSTITUTION OF INDIA

•(Part VI.—The Union territories. —Arts. 240-241.)

•127

•Legislature made by virtue of powers conferred on that

•Legislature by or under this Constitution, every

•High Court exercising jurisdiction immediately before the

•commencement of the Constitution (Seventh Amendment)

•Act, 1956, in relation to any Union territory shall continue

•to exercise such jurisdiction in relation to that territory

•after such commencement.

(4)Nothing in this article derogates from the power

•of Parliament to extend or exclude the jurisdiction of a

•High Court for a State to, or from, any Union territory or

•part thereof.]

SECTION Section 7

Untitled Section

242.[Coorg. ] Rep. by the Constitution (Seventh

•Amendment) Act, 1956, s. 29 and Sch.

•THE CONSTITUTION OF INDIA

•(Part VI.—The Union territories.—Arts. 241-242.)

•128