THE CONSTITUTION (SIXTY-NINTH AMENDMENT) ACT, 1991
Statement of Objects and Reasons appended to the Constitution
(Seventy-fourth Amendment) Bill, 1991 which was enacted as
THE CONSTITUTION (Sixty-ninth Amendment) Act, 1991
STATEMENT OF OBJECTS AND REASONS
The question of re-organisation of the Administrative set-up in the
Union territory of Delhi has been under the consideration of the
Government for some time. The Government of India appointed on
24-12-1987 a Committee to go into the various issues connected with
the administration of Delhi and to recommend measures inter alia for
the streamlining of the administrative set-up. The Committee went
into the matter in great detail and considered the issues after
holding discussions with various individuals, associations, political
parties and other experts and taking into account the arrangements in
the national Capitals of other countries with a federal set-up and
also the debates in the Constituent Assembly as also the reports by
earlier Committees and Commissions. After such detailed inquiry and
examination, it recommended that Delhi should continue to be a Union
territory and provided with a Legislative Assembly and a Council of
Ministers responsible to such Assembly with appropriate powers to deal
with matters of concern to the common man. The Committee also
recommended that with a view to ensure stability and permanence the
arrangements should be incorporated in the Constitution to give the
National Capital a special status among the Union territories.
2. The Bill seeks to give effect to the above proposals.
NEW DELHI; S. B. CHAVAN.
The 12th December, 1991.
THE CONSTITUTION (SIXTY-NINTH AMENDMENT)
[21st December, 1991.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Forty-second Year of the Republic
of India as follows:-
1. Short title and commencement.- (1) This Act may be called the
Constitution (Sixty-ninth Amendment) Act, 1991.
(2) It shall come into force on such date_678 as the Central
Government may, by notification in the Official Gazette, appoint.
2. Insertion of new articles 239AA and 239AB.- After article 239A of
the Constitution, the following articles shall be inserted, namely:-
`239AA. Special provisions with respect to Delhi.-(1) As from the
date of commencement of THE CONSTITUTION (Sixty-ninth Amendment) Act,
1991, the Union territory of Delhi shall be called the National
Capital Territory of Delhi (hereafter in this Part referred to as the
National Capital Territory) and the administrator thereof appointed
under article 239 shall be designated as the Lieutenant Governor.
(2) (a) There shall be a Legislative Assembly for the National Capital
Territory and the seats in such Assembly shall be filled by members
chosen by direct election from territorial constituencies in the
National Capital Territory.
(b) The total number of seats in the Legislative Assembly, the number
of seats reserved for Sceduled Castes, the division of the National
Capital Territory into territorial constituencies (including the basis
for such division) and all other matters relating to the functioning
of the Legislative Assembly shall be regulated by law made by
(c) The provisions of articles 324 to 327 and 329 shall apply in
relation to the National Capital Territory, the Leislative Assembly of
the National Capital Territory and the members thereof as they apply,
in relation to a State, the Legislative Assembly of a State and the
members thereof respectively; and any reference in articles 326 and
329 to "appropriate Legislature" shall be deemed to be a reference to
(3) (a) Subject to the provisions of this Constitution, the
Legislative Assembly shall have power to make laws for the whole or
any part of the National Capital Territory with respect to any of the
matters enumerated in the State List or in the Concurrent List in so
far as any such matter is applicable to Union territories except
matters with respect to Entries 1, 2 and 18 of the State List and
Entries 64, 65 and 66 of that List in so far as they relate to the
said Entries 1, 2 and 18.
(b) Nothing in sub-clause (a) shall derogate from the powers of
Parliament under this Constitution to make laws with respect to any
matter for a Union territory or any part thereof.
(c) If any provision of a law made by the Legislative Assembly with
respect to any matter is repugnant to any provision of a law made by
Parliament with respect to that matter, whether passed before or after
the law made by the Legislative Assembly, or of an earlier law, other
than a law made by the Legislative Assembly, then, in either case, the
law made by Parliament, or, as the case may be, such earlier law,
shall prevail and the law made by the Legislative Assembly shall, to
the extent of the repugnancy, be void:
Provided that if any such law made by the Legislative Assembly has
been reserved for the consideration of the President and has received
his assent, such law shall prevail in the National Capital Territory:
Provided further that nothing in this sub-clause shall prevent
Parliament from enacting at any time any law with respect to the same
matter including a law adding to, amending, varying or repealing the
law so made by the Legislative Assembly.
(4) There shall be a Council of Ministers consisting of not more than
ten per cent. of the total number of members in the Legislative
Assembly, with the Chief Minister at the head to aid and advise the
Lieutenant Governor in the exercise of his functions in relation to
matters with respect to which the Legislative Assembly has power to
make laws, except in so far as he is, by or under any law, required to
act in his discretion:
Provided that in the case of difference of opinion between the
Lieutenant Governor and his Ministers on any matter, the Lieutenant
Governor shall refer it to the President for decision and act
according to the decision given thereon by the President and pending
such decision it shall be competent for the Lieutenant Governor in any
case where the matter, in his opinion, is so urgent that it is
necessary for him to take immediate action, to take such action or to
give such direction in the matter as he deems necessary.
(5) The Chief Minister shall be appointed by the President and the
other Ministers shall be appointed by the President on the advice of
the Chief Minister and the Ministers shall hold office during the
pleasure of the President.
(6) The Council of Ministers shall be collectively responsible to the
(7) Parliament may, by law, make provisions for giving effect to, or
supplementing the provisions contained in the foregoing clauses and
for all matters incidental or consequential thereto.
(8) The Provisions of article 239B shall, so far as may be, apply in
relation to the National Capital Territory, the Lieutenant Governor
and the Legislative Assembly, as they apply in relation to the Union
territory of Pondicerry, the administrator and its Legislature,
respectively; and any reference in that article to "clause (1) of
article 239A" shall be deemed to be a reference to this article or
article 239AB, as the case may be.
239AB. Provision in case of failure of constitutional machinery.-If
the President, on receipt of a report from the Lieutenant Governor or
otherwise, is satisfied-
(a) that a Situation has arisen in which the administration of the
National Capital Territory cannot be carried on in accordance with the
provisions of article 239AA or of any law made in pursuance of that
(b) that for the proper administration of the National Capital
Territory it is necessary or expedient so to do,
the President may by order suspend the operation of any provision of
article 239AA or of all or any of the provisions of any law made in
pursuance of that article for such period and subject to such
conditions as may be specified in such law and make such incidental
and consequential provisions as may appear to him to be necessary or
expedient for administering the National Capital Territory in
accordance with the provisions of article 239 and article 239AA.'.