Answer: 

Introduction:

The 69th Constitutional Amendment Act of 1991 granted special status to the National Capital Territory (NCT) of Delhi by introducing Articles 239AA and 239AB into the Indian Constitution. The amendment aimed to balance Delhi’s unique needs and ensure efficient administration. It established a framework for the Delhi Legislative Assembly, defined the Lieutenant Governor (LG)’s powers, and divided responsibilities between the Union Government and the NCT Government.

Body:

Essentials of the 69th Constitutional Amendment Act:

• Legislative Assembly for Delhi: The Act provided for a democratically elected Legislative Assembly for the NCT of Delhi, with the power to make laws on subjects in the State List and the Concurrent List, excluding three crucial subjects – public order, police, and land.
• Role of the Lieutenant Governor: The Act designated the Lieutenant Governor as the Administrator of the NCT, appointed by the President of India. The LG is responsible for ensuring that the laws and provisions of the Constitution are faithfully executed in Delhi.
• Council of Ministers: The Act provided for a Council of Ministers for Delhi, headed by the Chief Minister. The Council is responsible for advising the LG on matters related to the administration of the NCT, except for matters that fall under the jurisdiction of the Union Government.
• Special provisions for Delhi: The Act recognized the unique status of Delhi as the national capital and made special provisions for the administration of the city. Article 239AA(3)(b) grants the President of India the power to make laws on matters related to public order, police, and land.

Anomalies and Conflicts:

• Ambiguity in the division of powers: The Act does not clearly define the division of powers and responsibilities between the LG and the Council of Ministers, leading to disputes and confusion.
• Overlapping jurisdiction: The Act grants the LG the authority to refer any matter on which there is a difference of opinion with the Council of Ministers to the President for a decision. This provision has been the source of frequent conflicts between the two institutions.
• Role of the LG in the day-to-day administration: The Act does not explicitly clarify the role of the LG in the day-to-day administration of the NCT, which has led to disagreements between the LG and the Delhi Government.

Impact on Indian Federal Politics:

• The conflicts arising from the 69th Constitutional Amendment Act highlight the complexities of the federal structure in India, particularly in the context of a Union Territory with a unique status like Delhi.
• These conflicts have the potential to set new trends in Indian federal politics as they underscore the need for clearly defined roles and responsibilities for both elected representatives and constitutional authorities.

Conclusion:

In its 2018 judgment, the Supreme Court of India clarified the LG’s and Delhi Government’s roles and powers, emphasizing that the LG must act on the Council of Ministers’ advice and not interfere in NCT’s day-to-day administration. This decision fosters cooperation and coordination between the LG and Delhi Government, potentially serving as a model for other Union Territories with legislatures.

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