Consider the following statements about the specialty of Delhi as a U...
Article 239AA - Special provisions with respect to Delhi: - Article 239AA of the Indian Constitution was added by the Constitution (69th Amendment) Act, 1991. It says that the Union Territory of Delhi shall be called the National Capital Territory of Delhi and the Administrator thereof appointed under Article 239 shall be designated as the Lieutenant Governor.
- There shall be a Legislative Assembly for the National Capital Territory (NCT) of Delhi and the seats in such Assembly shall be filled by the members chosen by direct election from territorial constituencies in the NCT.
- The Legislative Assembly of Delhi shall have power to make laws for the whole or any part of NCT with, respect to any matters enumerated in the State List or in the Concurrent List. However, the Legislative Assembly of Delhi cannot make laws on the following entries under the State List –
- Entry 1: Public Order;
- Entry 2: Police (including railway and village police);
- Entry 18: Land, that is to say any right in or over land, land tenures including the relation of landlord and tenant, and the collection of rents, transfer and alienation of agricultural land, land improvement and agricultural loans and colonization.
They also cannot legislate on Entries 64, 65 and 66 of the State List, so far as they relate to the above entries – 1, 2 and 18. Thus, the Government of Delhi does not enjoy all the powers with respect to law making which are enjoyed by other states. Moreover, the NCT is primarily a Union Territory, which has a Legislative Assembly.
Consider the following statements about the specialty of Delhi as a U...
Statement 1: Delhi has a Legislative Assembly whose members are elected through indirect election.
This statement is incorrect. Delhi does have a Legislative Assembly, but its members are elected through direct election. The Legislative Assembly of Delhi consists of 70 members who are directly elected by the people of Delhi. The elections to the Delhi Legislative Assembly are conducted by the Election Commission of India.
Statement 2: The members of the Delhi Legislative Assembly participate in the President's election.
This statement is correct. The members of the Delhi Legislative Assembly do participate in the election of the President of India. The President of India is elected by an electoral college that consists of the elected members of both Houses of Parliament and the Legislative Assemblies of the States and Union territories. Since Delhi is a Union territory, its elected representatives, including the members of the Legislative Assembly, are part of this electoral college.
Statement 3: The members of the Delhi Legislative Assembly can frame law on all the entries of the State List.
This statement is incorrect. The State List is a list of subjects on which the state governments have the power to make laws. However, as Delhi is a Union territory, it does not have the same legislative powers as a full-fledged state. The legislative powers of Delhi are limited and fall under the purview of the Union government. The Parliament has the authority to make laws on matters related to the Union territory of Delhi.
Therefore, the correct statements are:
2. The members of the Delhi Legislative Assembly participate in the President's election.
C. 2 only.