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.
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