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Constitutional · Reportable judgment

Government of National Capital Territory of Delhi vs Union of India & Ors.

Court
Supreme Court of India
Date
20 July 2023
Case No.
Writ Petition (C) No. 678 of 2023
Bench
D.Y. Chandrachud, Pamidighantam Sri Narasimha, Manoj Misra
Citation
[2023] 10 S.C.R. 493 : 2023 INSC 635
Supreme Court Reports [2023] 10 S.C.R. 493 : 2023 INSC 635
Headnote

Government of National Capital Territory of Delhi (Amendment) Ordinance 2023: Constitutional validity of – Preamble to the NCT Ordinance 2023 states that Parliament has exclusive and plenary jurisdiction with respect to the national capital in view of Arts 239-AA(3)(b) and 239-AA(7) – NCT Ordinance inserting s. 3A in the GNCTD Act, which amends Article 239-AA, stipulating that the Legislative Assembly shall have the power to enact laws as prescribed in Art 239-AA, except with respect to Entry 41 of List II of the Seventh Schedule – NCT Ordinance also establishes a new scheme for the distribution of executive power over services between the Union of India and the Government of NCTD – Held: It is to be decided if the exercise of the power of the Parliament to enact a law granting the Union of India executive power over services is valid – Furthermore, an apparent conflict between Art. 239 AA(7)(b) and 239 AA(7)(a), as regards the nature of law making power visà-vis NCTD’s constitutional structure of governance,not considered in the Constitution Bench judgmentsof 2018 and 2023 – In view thereof, the questions, as to what are the contours of the power of Parliament to enact a law u/Art. 239-AA(7); and whether Parliament in the exercise of its power u/Art. 239-AA(7) can abrogate the constitutional principles of governance for NCTD, referred to the Constitution Bench – Reference to larger Bench – Government of National Capital Territory of Delhi Act. 1991 – s. 3A – Constitution of India – Art. 239AA, 239-AA(3)(a), 239-AA(3)(b), 239-AA(7)(a), 239-AA(7)(b) and Entry 41 of List II of Seventh Schedule.

Government of NCT of Delhi v. Union of India Civil Appeal No. 2357 of 2017 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was passed : ORDER 1. On 19 May 2023, eight days after the Constitution Bench of this Court pronounced the judgment in Government of NCT of Delhi v. Union of India 1 [“2023 Constitution Bench judgment”], the President in exercise of powers under Article 123 of the Constitution promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance 2023 [“NCT Ordinance”]. The NCT Ordinance amends the Government of National Capital Territory of Delhi Act 1991 [“GNCTD Act”]. The Preamble to the Ordinance states that Parliament has exclusive and p
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