The special provisions for Delhi, as outlined in Article 239AA of the Constitution of India, create a unique administrative structure for the National Capital Territory (NCT) of Delhi.
- Legislative Assembly:
- Delhi has a Legislative Assembly, comprising Members of the Legislative Assembly (MLAs) who are elected by the residents of Delhi. The Legislative Assembly has the authority to make laws on all matters in the State List and Concurrent List, except for certain reserved subjects.
- Council of Ministers:
- Delhi has a Council of Ministers with a Chief Minister as its head. The Chief Minister and other ministers are appointed by the Lieutenant Governor. The Council of Ministers is collectively responsible to the Legislative Assembly.
- Lieutenant Governor’s Role:
- The Lieutenant Governor (LG) of Delhi is appointed by the President and holds a crucial position in the administration. The LG has powers and functions, particularly concerning reserved subjects, where they may act on their discretion. However, in most matters, the LG is expected to act on the aid and advice of the Council of Ministers.
- Reserved Matters:
- Certain matters, including police, public order, and land, are considered reserved subjects. In these areas, the Lieutenant Governor is required to act in his discretion or follow the President’s direction based on the aid and advice of the Central Government.
- Dispute Resolution Mechanism:
- In case of a disagreement between the Lieutenant Governor and the Council of Ministers on any matter, the LG is supposed to refer the issue to the President for a decision. However, the President is expected to act on the advice of the Union Council of Ministers.
- Special Status for Delhi Police:
- Delhi Police, a crucial law enforcement agency, is under the direct administrative control of the Ministry of Home Affairs, Government of India. Unlike other states, Delhi Police does not report to the elected government of Delhi.
- Reservations in Legislative Assembly:
- The Legislative Assembly of Delhi has reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and seats reserved for women. This is aimed at ensuring representation and inclusivity in the political system.
- Appointment of Chief Secretary and Other Key Officials:
- The Chief Secretary and other key officials in the government are appointed by the Lieutenant Governor. This is different from the norm in states where these appointments are usually made by the elected government.
- Special Status for Delhi:
- The special provisions for Delhi acknowledge its unique status as the national capital, and the administrative arrangements are designed to ensure effective governance while taking into account the diverse functions and responsibilities associated with being the capital.
- Interpretation and Evolution:
- The interpretation and application of these special provisions have evolved over time through legal and constitutional developments, with the courts providing clarity on the distribution of powers and the functioning of the Delhi government.
These special provisions aim to strike a balance between representative governance and the need for effective administrative coordination, considering Delhi’s role as the national capital. The provisions are specific to Delhi and are designed to address the peculiarities associated with the city’s status.
