Article 239AA and Governance of Delhi

Article 239AA creates a special constitutional arrangement for Delhi, which remains a Union Territory but has an elected legislature and a responsible government. Inserted by the 69th Constitutional Amendment Act, 1991, it renamed Delhi the National Capital Territory and designated its Administrator as the Lieutenant Governor.

Institutional framework

The arrangement combines Union administration with representative government at the territorial level.

• The Legislative Assembly consists of directly elected members, while Parliament determines its size, seat reservations and related electoral matters by law.
• The President appoints the Chief Minister and, on the Chief Minister's advice, the other ministers.
• The Council of Ministers is collectively responsible to the Legislative Assembly and aids and advises the Lieutenant Governor on matters within the Assembly's legislative domain, except where the Lieutenant Governor must act at discretion.

Distribution of legislative powers

Delhi's Assembly may legislate on State List and Concurrent List matters applicable to Union Territories, subject to specific exclusions and Parliament's superior legislative authority.

• The Assembly cannot legislate on State List Entries 1, 2 and 18, concerning public order, police and land, or related aspects of Entries 64, 65 and 66.
• Under Article 239AA(3), Parliament retains power to legislate on any matter for Delhi, including matters otherwise within the Assembly's competence.
• Where Delhi and parliamentary laws conflict, the parliamentary law generally prevails. A Delhi law reserved for and assented to by the President may prevail locally, but Parliament can subsequently override it.

Role of the Lieutenant Governor

Under Article 239AA(4), a difference between the Lieutenant Governor and ministers may be referred to the President; urgent interim action is permitted where necessary. The Supreme Court has clarified that the Lieutenant Governor ordinarily acts on aid and advice and should not refer every disagreement to the President.