RELATIONSHIP BETWEEN

CONSTITUTIONAL
PROVISIONS GOVERNING
UNION TERRITORY OF
DELHI
 Federalism In India
 Federalism is of two levels of government, a system of government
in which powers are divided between center and state.
 Central government, which performs on the major issues of the
country.
 The state government deals with their day-to-day activities in their
particular state.
 The Centre makes laws for the country.
 States make laws for the specific state.
 The concept of federalism in India was taken from the US and
Australia by the makers of the Indian Constitution.
 Quasi – Federal
 India has a quasi–federal structure.
 In the landmark case of S.R. Bommai V. Union of India (1994), the
Supreme Court stated that India has a quasi-federal structure.
 This case helped clarify the relationship between the country's
central and state governments.
 In this case, it was noticed that powers between the central and state
are unequal because of the strong central apparatus;
 India is unitary bias and referred to as a quasi-federal state.
 Article – 239AA
 This article gives special status to Delhi, which was inserted in the
69th Amendment Act. S. Balakrishnan recommended it.
 This article says that Delhi has some special powers, which gives it a
special status under this article.
 Delhi was changed to the NCT of Delhi and will have an
Administrator and a Legislative Assembly.
 Legislative Assembly shall have the power to make laws for NCT
concerning the matters in the State List or Concurrent List.
 The President of India appoints the administrator, known as
Lieutenant Governor.
 How Union Territories Administered in
India
 Articles 239 to 241 deal with the Union territories.
 The president appoints administrators for the administration of the
Union territories.
 An administrator is a representative of the President and is not elected.
 In some Union territories like Delhi and Puducherry, the Lieutenant
Governor can make laws and regulations for the Union Territory.
 Article 239AA (4), if a conflict occurs between the chief minister of
Delhi and the Lieutenant Governor, the Lieutenant Governor will refer
the case to the President.
Government of NCT v. Union of India (2019)

 This landmark case before the Supreme Court of India was concerned
with the issue of the powers and functions of the elected Government
of Delhi vis-à-vis the Central Government.
 Justice Ashok Bhushan emphasized the importance of respecting the
choices and opinions of the elected representatives in the Delhi
Legislative Assembly.
 Justice D.Y. Chandrachud said That a disagreement between the
Council of Ministers and the Lieutenant Governor should be resolved
through dialogue and discussion. He also referred to the Balakrishnan
Committee report in his argument.
 The Government of NCT of Delhi
(Amendment) Bill, 2023
 The Government of National Capital Territory of Delhi
(Amendment) Bill 2023 was introduced and passed in August 2023
after the Supreme Court judgment on 11 May 2023.
 Power given to the Lieutenant Governor for transfer and posting of
the officers may result in breaking the triple chain that connects the
civil services, ministers, the legislature, and citizens.
 The Chief Minister will not be able to convene a session for the
essential government business because of the sole discretion in
some matters to the Lieutenant Governor of Delhi.
Bill violating the Indian Constitution

 The Bill establishes an Authority to make recommendations to the

Lieutenant Governor on specific matters, including transfers and
postings, vigilance-related issues, and disciplinary proceedings of
officers in Delhi.
 This Authority comprises three members: the Chief Secretary and
Principal Home Secretary appointed by the Central Government.
 As a result, these two members could outvote the Chief Minister of
Delhi.
 Conclusion
Conclusion The Government of National Capital Territory of Delhi
(Amendment) Bill 2023 is likely to give rise to additional legal challenges,
as we have discussed above. This will be a long war between the central
government and the government of Delhi. The recent Supreme Court
decision on placing excessive reliance on the constitutional officers
responsible for Delhi’s administration started the dispute, and it will go on
and on. The decision primarily deals with constitutional principles and
doesn't provide specifics on its practical implementation, which could
potentially result in further legal disputes. Consequently, while the decision
has been rendered, significant tensions between the Delhi administration and
the Lieutenant Governor persist, which resulted in the amendment bill that
was introduced and passed in August 2023 after the Supreme Court decision
Thank
You