THE CONSTITUTION (SIXTY-NINTH AMENDMENT) ACT, 1991.
SECTION OF: 1-4
SIXTY-NINTH AMENDMENT
Statement of Objects and Reasons appended to the Constitution(Seventy-fourth Amendment) Bill, 1991 which was enacted asTHE CONSTITUTION (Sixty-ninth Amendment) Act, 1991
STATEMENT OF OBJECTS AND REASONS
The question of re-organisation of the Administrative set-up in theUnion territory of Delhi has been under the consideration of theGovernment for some time. The Government of India appointed on24-12-1987 a Committee to go into the various issues connected withthe administration of Delhi and to recommend measures inter alia forthe streamlining of the administrative set-up. The Committee wentinto the matter in great detail and considered the issues afterholding discussions with various individuals, associations, politicalparties and other experts and taking into account the arrangements inthe national Capitals of other countries with a federal set-up andalso the debates in the Constituent Assembly as also the reports byearlier Committees and Commissions. After such detailed inquiry andexamination, it recommended that Delhi should continue to be a Unionterritory and provided with a Legislative Assembly and a Council ofMinisters responsible to such Assembly with appropriate powers to dealwith matters of concern to the common man. The Committee alsorecommended that with a view to ensure stability and permanence thearrangements should be incorporated in the Constitution to give theNational Capital a special status among the Union territories.
2. The Bill seeks to give effect to the above proposals.
NEW DELHI; S.B. CHAVAN.
The 12th December, 1991.
THE CONSTITUTION (SIXTY-NINTH AMENDMENT) ACT, 1991.
[21st December, 1991.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Forty-second Year of the Republicof India as follows:-
1. Short title and commencement.- (1) This Act may be called theConstitution (Sixty-ninth Amendment) Act, 1991.
(2) It shall come into force on such date_678 as the CentralGovernment may, by notification in the Official Gazette, appoint.
2. Insertion of new articles 239AA and 239AB.- After article 239A ofthe Constitution, the following articles shall be inserted, namely:-
`239AA. Special provisions with respect to Delhi.-(1) As from thedate of commencement of THE CONSTITUTION (Sixty-ninth Amendment) Act,1991, the Union territory of Delhi shall be called the NationalCapital Territory of Delhi (hereafter in this Part referred to as theNational Capital Territory) and the administrator thereof appointedunder article 239 shall be designated as the Lieutenant Governor.
(2) (a) There shall be a Legislative Assembly for the National CapitalTerritory and the seats in such Assembly shall be filled by memberschosen by direct election from territorial constituencies in theNational Capital Territory.
(b) The total number of seats in the Legislative Assembly, the numberof seats reserved for Sceduled Castes, the division of the NationalCapital Territory into territorial constituencies (including the basisfor such division) and all other matters relating to the functioningof the Legislative Assembly shall be regulated by law made byParliament.
(c) The provisions of articles 324 to 327 and 329 shall apply inrelation to the National Capital Territory, the Leislative Assembly ofthe National Capital Territory and the members thereof as they apply,in relation to a State, the Legislative Assembly of a State and themembers thereof respectively; and any reference in articles 326 and329 to "appropriate Legislature" shall be deemed to be a reference toParliament.
(3) (a) Subject to the provisions of this Constitution, theLegislative Assembly shall have power to make laws for the whole orany part of the National Capital Territory with respect to any of thematters enumerated in the State List or in the Concurrent List in sofar as any such matter is applicable to Union territories exceptmatters with respect to Entries 1, 2 and 18 of the State List andEntries 64, 65 and 66 of that List in so far as they relate to thesaid Entries 1, 2 and 18.
(b) Nothing in sub-clause (a) shall derogate from the powers ofParliament under this Constitution to make laws with respect to anymatter for a Union territory or any part thereof.
(c) If any provision of a law made by the Legislative Assembly withrespect to any matter is repugnant to any provision of a law made byParliament with respect to that matter, whether passed before or afterthe law made by the Legislative Assembly, or of an earlier law, otherthan a law made by the Legislative Assembly, then, in either case, thelaw made by Parliament, or, as the case may be, such earlier law,shall prevail and the law made by the Legislative Assembly shall, tothe extent of the repugnancy, be void:
Provided that if any such law made by the Legislative Assembly hasbeen reserved for the consideration of the President and has receivedhis assent, such law shall prevail in the National Capital Territory:
Provided further that nothing in this sub-clause shall preventParliament from enacting at any time any law with respect to the samematter including a law adding to, amending, varying or repealing thelaw so made by the Legislative Assembly.
(4) There shall be a Council of Ministers consisting of not more thanten per cent. of the total number of members in the LegislativeAssembly, with the Chief Minister at the head to aid and advise theLieutenant Governor in the exercise of his functions in relation tomatters with respect to which the Legislative Assembly has power tomake laws, except in so far as he is, by or under any law, required toact in his discretion:
Provided that in the case of difference of opinion between theLieutenant Governor and his Ministers on any matter, the LieutenantGovernor shall refer it to the President for decision and actaccording to the decision given thereon by the President and pendingsuch decision it shall be competent for the Lieutenant Governor in anycase where the matter, in his opinion, is so urgent that it isnecessary for him to take immediate action, to take such action or togive such direction in the matter as he deems necessary.
(5) The Chief Minister shall be appointed by the President and theother Ministers shall be appointed by the President on the advice ofthe Chief Minister and the Ministers shall hold office during thepleasure of the President.
(6) The Council of Ministers shall be collectively responsible to theLegislative Assembly.
(7) Parliament may, by law, make provisions for giving effect to, orsupplementing the provisions contained in the foregoing clauses andfor all matters incidental or consequential thereto.
(8) The Provisions of article 239B shall, so far as may be, apply inrelation to the National Capital Territory, the Lieutenant Governorand the Legislative Assembly, as they apply in relation to the Unionterritory of Pondicerry, the administrator and its Legislature,respectively; and any reference in that article to "clause (1) ofarticle 239A" shall be deemed to be a reference to this article orarticle 239AB, as the case may be.
239AB. Provision in case of failure of constitutional machinery.-Ifthe President, on receipt of a report from the Lieutenant Governor orotherwise, is satisfied-
(a) that a Situation has arisen in which the administration of theNational Capital Territory cannot be carried on in accordance with theprovisions of article 239AA or of any law made in pursuance of thatarticle; or
(b) that for the proper administration of the National CapitalTerritory it is necessary or expedient so to do,
the President may by order suspend the operation of any provision ofarticle 239AA or of all or any of the provisions of any law made inpursuance of that article for such period and subject to suchconditions as may be specified in such law and make such incidentaland consequential provisions as may appear to him to be necessary orexpedient for administering the National Capital Territory inaccordance with the provisions of article 239 and article 239AA.'.
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