Which of the following statements are correct about NCT Delhi as per the Indian constitution? 1. The NCT of Delhi came into existence by the 69th Amendment Act, 1991. 2. The "appropriate Legislature" shall be deemed to be a reference to Parliament in case of provisions related to the Election Commission. 3. Legislative Assembly shall have the power to make laws for the whole or any part of the National Capital Territory concerning any of the matters enumerated in the State List or the Concurrent List except matters concerning Entries 1, 2, and 16 of the State List.
Which of the following statements are correct about NCT Delhi as per the Indian constitution? 1. The NCT of Delhi came into existence by the 69th Amendment Act, 1991. 2. The "appropriate Legislature" shall be deemed to be a reference to Parliament in case of provisions related to the Election Commission. 3. Legislative Assembly shall have the power to make laws for the whole or any part of the National Capital Territory concerning any of the matters enumerated in the State List or the Concurrent List except matters concerning Entries 1, 2, and 16 of the State List. Correct Answer 1 and 2 only
The correct answer is 1 and 2 only.
Key Points
Article 239AA: The NCT of Delhi came into existence by the 69th Amendment Act, 1991. Hence, Statement 1 is correct.
- The Union Territory of Delhi shall be called the National Capital Territory of Delhi and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor.
- 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.
- 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.
- The provisions of articles 324 to 327 and 329 shall apply about the National Capital Territory, the Legislative Assembly of the National Capital Territory and the members thereof as they apply, about 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. Hence, Statement 2 is correct.
- Subject to the provisions of this Constitution, the Legislative Assembly shall have the power to make laws for the whole or any part of the National Capital Territory concerning any of the matters enumerated in the State List or the Concurrent List in so far as any such matter applies to Union territories except matters concerning 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. Hence, Statement 3 is incorrect.
- If any provision of a law made by the Legislative Assembly concerning any matter is repugnant to any provision of a law made by Parliament concerning 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 concerning the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly.