IS DELHI A UNION TERRITORY? CAN CENTRAL GOVERNMENT REMOVE SPECIAL STATUS OF DELHI ? IF YES, WHAT ARE THE PROVISIONS?
As of date, there is a lot of friction going on between the Delhi Government and the Central Government regarding the administration of the state, it’s time for us to know whether Delhi is a full-fledged state or a Union Territory. So let us first read the Constitution provisions. Do you know Delhi is a Union Territory? Yes, under the Indian Constitution Delhi is a Union Territory. Delhi was given a special status in 1991 by the 69th Amendment to the Constitution. Union Territory of Delhi was given a new name and shall be called the National Capital Territory and the administrator thereof appointed under Article 239 shall be designated as the Lieutenant Governor. This was confirmed by 5 judges’ bench of the Supreme Court in the matter of New Delhi Municipal Corporation vs State of Punjab We have already dealt with the special features of Article 239-AA and need not repeat it. Indeed, a reference to Article 239-B read with clause (8) of Article 239-AA shows how the Union Territory of Delhi is in a class by itself but is certainly not a State within the meaning of Article 246 or Part-VI of the Constitution. In us, it is also a territory governed by clause (4) of Article 246. As pointed out by the learned Attorney General, various Union territories are in different stages of evolution. Some have already acquired Statehood and some may be on the way to it. The fact, however, remains that those surviving as Union territories are governed by Article 246(4) notwithstanding the differences in their respective set-ups – and Delhi, now called the “National Capital Territory of Delhi”, is yet a Union territory. The following are the provisions: The following Article was inserted by way of the 69th Amendment in 1991 and was effective from 1st February 1992. 239AA. Special provisions with respect to Delhi —(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 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 […]
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