Provisions of 69th Amendment of the Indian Constitution
This act made the following provisions:
- It made the UT of Delhi as the Nation Capital Territory (NCT) of Delhi. The administrator appointed by the President for Delhi was to be called as Lieutenant Governor now onwards.
- It added an Article 239AA of Indian Constitution, according to which:
- A legislative assembly was set up in Delhi. The members of this assembly were to be chosen by direct election from the territorial constituencies.
- The total number of seats, division of NCT into territorial constituencies and the reservation of seats shall be done in accordance with the provisions made by the Parliament of India.
- The provisions of article 324 – 327 and 329 shall be applicable to NCT in a manner in which they are applicable to other states.
- Any reference to “appropriate legislature” in articles 324 – 327 and 329 shall be considered to be a reference to Parliament.
- The legislative will have the power to make laws on any subject mentioned in the state list and concurrent list except on the matters of land, police and public order.
- In case there is a conflict between the law made by legislative assembly and Parliament on the same matter, the law made by the Parliament shall prevail.
- In case the law made by the assembly has been reserved for consideration of President and receives the assent of President, then the law made by legislative assembly shall prevail. This does not take away the power of Parliament to amend, add or repeal the law made by the legislative assembly.
- Legislative assembly of NCT shall consist of council of ministers whose strength shall not exceed 10% of the total strength of legislative assembly.
- Chief Minister shall be the head of the council of ministers and CM along with his council of ministers shall aid and advise the Lieutenant Governor (LG) on matters on which the state legislative assembly can make laws except in the cases where LG has to act in his discretion.
- If there is a difference of opinion between the CM and LG, then LG can refer the matter to the President and act according to the advice given by the President. In case of delay in response from the President and urgency of the matter, LG can take an immediate action as he deem necessary.
- CM shall be appointed by the President and the council of ministers shall be appointed by the President on the advice of CM. CM and council of ministers shall hold the office during the pleasure of the President.
- Council of ministers shall be collectively responsible to the legislative assembly.
- All the provisions in the article 239B as applicable to UT of Pondicherry shall be applicable in same manner to the NCT.
- It also added an article 239AB which has provisions in the case of breakdown of constitutional machinery in the NCT:
- If the President is satisfied on receiving a report from the LG of NCT:
- that a situation has arisen in which the administration of the NCT cannot be carried on in accordance with the constitution, or
- In order to carry on the administration of the NCT in accordance with the articles 239 and 239AA, President can suspend any provision of article 239AA and make certain incidental provisions as he may deem necessary.
- If the President is satisfied on receiving a report from the LG of NCT:
69th Amendment of the Indian Constitution
69th Amendment of the Indian Constitution: The Parliament of India has been given the power to amend the constitution of India under Article 368. With the exercise of this power, the Parliament of India, during the tenure of PV Narasimha Rao’s government, passed the 69th Constitution Amendment Act (69th CAA), 1991. The 69th Amendment Act accorded a special status to Delhi and made it the National Capital Territory of Delhi. Hence, the 69th Amendment is popularly called as Delhi Reorganization Act. The 69th Amendment Act of 1991 brought about significant changes in the status and governance structure of Delhi, transforming it into the National Capital Territory of Delhi. Under this Delhi Special Status Amendment, Delhi was granted special status. It established a legislative assembly consisting of 70 members and a council of ministers comprising 7 members to govern the territory.
In this article, we shall discuss the 69th Amendment of the Indian Constitution in detail including its history, need for the act, provisions, criticism, articles 239AA and 239BB
Table of Content
- What is 69th Amendment of the Indian Constitution
- Historical Context on the 69th Amendment of the Indian Constitution
- Need for the 69th Amendment of the Indian Constitution
- What is Article 239A?
- Provisions of 69th Amendment of the Indian Constitution
- Criticism of 69th Amendment of the Indian Constitution
- Judicial Interventions by 69th Amendment of the Indian Constitution