AS PASSED BY LOK SABHA ON
20TH DECEMBER, 1991
Bill No. 203-C of 1991
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THE CONSTITUTION SEVENTY-FOURTH AMENDMENT BILL, 1991
A
BILL
further to amend the Constitution of India.
BE it enacted by Parliament in the Forty-second Year of the
Republic of India as follows:--
Short title and commencement.
1. (1) This Act may be called the Constitution (Sixty-ninth
Amendment) Act, 1991.
(2) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
Insertion of new articles 239AA and 239AB.
2. After article 239A of the Constitution, the following articles
shall be inserted, namely:--
Special provisions with respect to Delhi.
`239AA. (1) As from the date of commencement of the Constitution
(Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall
be called the National Capital Territory of Delhi (hereafter in this
part referred to as the National Capital Territory) and the
administrator thereof appointed under articles 239 shall be designated
as the Lieutenant Governor.
(2) (a) There shall be a Legislative Assembly for the National
Capital Territory and the seats in such Assembly shall be filled by
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members chosen by direct election from territorial constituencies in
the National Capital Territory.
(b) The total number of seats in the Legislative Assembly, the
number of seats reserved for Schedule Castes, the division of the
National Capital Territory into territorial constituencies (including
the basis for such division) and all other matters relating to the
functioning of the Legislative Assembly shall be regulated by law made
by Parliament.
(c) The provisions of articles 324 to 327 and 329 shall apply in
relation to the National Capital Territory, the Legislative Assembly
of the National Capital Territory and the members thereof as they
apply, in relation to a State, the Legislative Assembly of a State and
the members thereof respectively; and any reference in articles 326
and 329 to "appropriate Legislature" shall be deemed to be a reference
to Parliament.
(3) (a) Subject to the provisions of this Constitution, the
Legislative Assembly shall have power to make laws for the whole or
any part of the National Capital Territory with respect to any off the
matters enumerated in the State List or in the Concurrent List in so
far as any such matter is applicable to Union territories except
matters with respect to Entries 1, 2 and 18 of the State List and
Entries 64, 65 and 66 of that List in so far as they relate to the
said Entries 1, 2 and 18.
(b) Nothing in sub-clause (a) shall derogate from the powers of
Parliament under this Constitution to make laws with respect to any
matter for a Union territory or any part thereof.
(c) If any provision of a law made by the Legislative Assembly
with respect to any matter is repugnant to any provision of a law made
by Parliament with respect to that matter, whether passed before or
after the law made by the Legislative Assembly, or of an earlier law,
other than a law made by the Legislative Assembly, then, in either
case, the law made by Parliament, or, as the case may be, such earlier
law, shall prevail and the law made by the Legislative Assembly shall,
to the extent of the repugnancy, be void:
Provided that if any such law made by the Legislative Assembly
has been reserved for the consideration of the President and has
received his assent, such law shall prevail in the National Capital
Territory:
Provided further that nothing in this sub-clause shall prevent
Parliament from enacting at any time any law with respect to the same
matter including a law adding to, amending, varying or repealing the
law so made by the Legislative Assembly.
(4) There shall be a Council of Ministers consisting of not more
than ten per cent of the total number of member, in the Legislative
Assembly, with the Chief Minister at the head to aid and advise the
Lieutenant Governor in the exercise of his functions in relation to
matters with respect to which the Legislative Assembly has power to
make laws, except in so far as he is, by or under any law, required to
act in his discretion;
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Provided that in the case of difference of opinion between the
Lieutenant Governor and his Ministers on any matter, the Lieutenant
Governor shall refer it to the President for decision and act
according to the decision given thereon by the President and pending
such decision it shall be competent for the Lieutenant Governor in any
case where the matter, in his opinion, is so urgent that it is
necessary for him to take immediate action, to take such action or to
give such direction in the matter as he deems necessary.
(5) The Chief Minister shall be appointed by the President and
the other Ministers shall be appointed by the President on the advice
of the Chief Minister and the Ministers shall hold office during the
pleasure of the President.
(6) The Council of Ministers shall be collectively responsible to
the Legislative Assembly.
(7) Parliament may, by law, make provisions for giving effect to,
or supplementing the provisions contained in the foregoing clauses and
for all matters incidental or consequential thereto.
(8) The provisions of article 239B shall, so far as may be, apply
in relation to the National Capital Territory, the Lieutenant Governor
and the Legislative Assembly, as they apply in relation to the Union
territory of Pondicherry, the administrator and its Legislature,
respectively; and any reference in that article to "clause (1) of
article 239A" shall be deemed to be a reference to this article or
article 239AB, as the case may be.
Provision in case of failure of constitutional machinery.
239AB. If the President, on receipt of a report from the
Lieutenant Governor or otherwise, is satisfied--
(a) that a situation has arisen in which the administration of
the National capital Territory cannot be carried on in accordance with
the provisions of articles 239AA or any law made in pursuance of that
article; or
(b) that for the proper administration of the National Capital
Territory it is necessary or expedient so to do,
the President may by order suspend the operation of any provision of
article 239AA or of all or any of the provisions of any law made in
pursuance of that article for such period and subject to such
conditions as may be specified in such law and make such incidental
and consequential provisions as may appear to him to be necessary or
expedient for administering the National Capital Territory in
accordance with the provisions of article 239 and article 239AA.'.