The Supreme Court on May 11 dismissed the Centre’s claim of superiority over the elected government of Delhi on the ground that the national capital is the seat of the Union Government and “national interests take precedence over and beyond the quibbles of local interests.
The Centre backed its argument on a narrow interpretation of a phrase — “in so far as any such matter is applicable to Union Territories” — in Article 239AA (3)(a) of the Constitution.
The Article, introduced through the Constitution (Sixty-Ninth Amendment) Act, 1991, declared the National Capital Territory of Delhi and its “special provisions”. One of its clauses said the Legislative Assembly of Delhi “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”.
The Centre said the phrase meant that the legislative and executive powers of Delhi were limited to that of any Union Territory. Union Territories were merely extensions of the Union Government and were subservient to the Centre.
But the court said “Union Territories were not a homogenous class”. They differed according to the local aspirations of various regions.
“Unity in diversity is not only used in common parlance, but is also embedded in our constitutional structure,” .
“Article 239AA establishes a Legislative Assembly for NCTD. The seats in the Assembly are filled by a direct election from the constituencies of NCTD… Article 239AA must be interpreted to further the principle of representative democracy.To interpret the phrase ‘insofar as any such matter is applicable to Union Territories’ in a restrictive manner would limit the legislative power of the elected Members of the Assembly,” a Constitution Bench led by Chief Justice of India D.Y. Chandrachud rejected the Centre’s argument.
Addressing the Centre’s apprehensions about “national interests”, the court said “Article 239AA(3) balances between the interest of NCTD and the Union of India”.
There are multiple safeguards in place to protect the Centre’s interests in the national capital. For one, the Delhi Assembly cannot make laws on public order, police, and land.
Secondly, the Article gives the Parliament a “plenary power” to legislate on “any subject in any of the three Lists (Union, State and Concurrent) of the Seventh Schedule for NCTD”.
Again, the Parliament could enact “at any time any law” which may add to, amend or repeal a law made by the Delhi Legislative Assembly.
The Parliament could even effectively amend the Constitution by “giving effect to or supplementing the provisions” in Article 239AA and for “all matters incidental or consequential thereto”.
“Parliament has overriding legislative powers in relation to NCTD… The intent and purpose of Article 239AA(3(b) and Article 239AA(7) is to confer an expanded legislative competence upon Parliament when it comes to GNCTD since it is the capital of the country and therefore, must be dealt with different considerations,” the court reassured the Union Government.
