New Chief Minister Of Delhi

Rekha Gupta, a first-time MLA from Shalimar Bagh, has been chosen as the new Chief Minister of Delhi.

Constitutional Provision for Delhi

First Schedule of Indian Constitution

It lists the states and union territories and their corresponding territories.
Provisions of Articles 1 to 4 of the Indian Constitution

Article 1: Name and Territory of the Union

India, also called Bharat, is a Union of States.
The States and Union Territories are specified in the First Schedule.
India’s territory includes:
- State territories
- Union Territories
- Any acquired territories

Article 2: Admission or Establishment of New States

Article 3: Formation and Alteration of States

Parliament can:
- Form new states by separation, merging, or adding territories.
- Alter state boundaries, names, and areas.
- The President’s recommendation is required before introducing such a bill.
- State legislature views must be sought, but their consent is not mandatory.

Article 4: Laws Related to Articles 2 and 3

Delhi as a Union Territory: Delhi is classified as a Union Territory under the First Schedule of the Constitution of India.
Administration of Union Territories: As per Article 239, a Union Territory is administered by the President through an Administrator appointed by the President.
Creation of Local Legislatures and Council of Ministers: Article 239A allows for the creation of a local Legislature, a Council of Ministers, or both for certain Union Territories.

Article 239AA was inserted into the Constitution through the 69th Amendment Act, 1991 to grant special status to Delhi.
This amendment followed the recommendations of the S. Balakrishnan Committee, which examined the demand for full statehood for Delhi.
After this amendment, Delhi is referred to as the National Capital Territory (NCT) of Delhi.
Designation of Administrator: The Administrator of Delhi, appointed under Article 239, is designated as the Lieutenant Governor (LG).

The NCT of Delhi consists of:
- An Administrator (Lieutenant Governor)
- A Legislative Assembly

Authority to Make Laws: As per Article 239AA(3), the Delhi Legislative Assembly has the power to legislate on subjects listed in the State List and Concurrent List, with certain exceptions.
Exceptions or the Restricted Subjects: The Delhi Assembly cannot make laws on the following subjects from the State List:
- Public Order (Entry 1)
- Police (Entry 2)
- Land (Entry 18)

Parliament retains the power to legislate for Delhi on any subject, including those within the jurisdiction of the Delhi Assembly.
In case conflict between a Delhi law and a Parliamentary law, the Parliamentary law prevails, and the Delhi law becomes void.
Exception for Presidential Assent: If a Delhi law is reserved for Presidential assent and approved by the President, it remains valid.
- However, Parliament can still amend, repeal, or override such a law at any time.

As per the 91st Constitutional Amendment Act, the minimum strength of the Council of Ministers in a State is 12, while the maximum strength is 15% of the total members of the Legislative Assembly.
Article 164 lays down other provisions regarding Ministers.
Article 164(1A) specifies that the total number of Ministers, including the Chief Minister, must not exceed 15% of the total strength of the Legislative Assembly of the State.

Composition of Council of Ministers : Article 239AA(4) mandates the formation of a Council of Ministers, including the Chief Minister, with a strength not exceeding 10% of the total number of Legislative Assembly members.
Function of the Council of Ministers: The Council of Ministers aids and advises the Lieutenant Governor on matters where the Delhi Assembly has legislative powers.

Appointment Authority: The Chief Minister of Delhi is appointed by the President of India under Article 239AA(5).
- The other Ministers are appointed by the President based on the advice of the Chief Minister.
Tenure and Removal: The Chief Minister and the Council of Ministers hold office at the pleasure of the President.

Discretionary Powers of the Lieutenant Governor: The Lieutenant Governor has the authority to act at his discretion in cases where law requires it.
Dispute Resolution Between the LG and Ministers: If there is a difference of opinion between the Lieutenant Governor and the Council of Ministers, the LG can refer the matter to the President.
- Until the President takes a decision, the LG can take immediate action if the matter is urgent.

Ambiguous Division of Powers: The Act does not clearly define the powers of the Lieutenant Governor (LG) and the Council of Ministers, leading to frequent disputes and confusion in governance.
Overlapping Jurisdiction: The LG can refer any disagreement with the Council of Ministers to the President, often causing delays and administrative conflicts.
Unclear Role of the LG: The Act does not explicitly define the LG’s role in daily administration, leading to frequent disagreements with the Delhi Government.

LG Must Act on Ministerial Advice: The LG is bound to act on the advice of the Council of Ministers except in matters where discretion is legally permitted.
No Interference in Day-to-Day Administration: The LG cannot interfere in routine governance of the NCT.
Emphasis on Cooperative Governance: The judgment promotes coordination between the LG and the Delhi Government, serving as a model for other Union Territories

New Chief Minister of Delhi

Also Read
UPSC Daily Editorials	UPSC Daily Current Affairs
Daily Current Affairs Quiz	Daily Main Answer Writing
Check Out Previous Years Papers From PW Store	UPSC Test Series
Check Out UPSC NCERT Textbooks From PW Store	Check Out UPSC Modules From PW Store