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

Constitutional Provision for Delhi

About Delhi Administration

• 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.

Special Status of Delhi: 69th Amendment Act, 1991

• 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).

Structure of Governance in Delhi

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

Powers of the Delhi 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)

Supremacy of Parliament

• 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.

Council of Ministers 

• 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 and Tenure of the Chief Minister and Ministers

• 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.

Role of the Lieutenant Governor

• 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.

Limitations of the 69th Amendment Act

• 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.

Supreme Court’s Suggestions (2018 Judgment)

• 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

Delhi CM Vs Other State CM

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