nemo
/
constitution
mirror of https://github.com/captn3m0/constitution.git
1
0
Fork 0
Code Issues Projects Releases Wiki Activity

AMENDMENT_69_01021992

This commit is contained in:
Abhay Rana 2015-04-23 13:00:12 +05:30
parent cf15924f82
commit 9ec4c6c9fd
1 changed files with 106 additions and 0 deletions
Show Stats Download Patch File Download Diff File Expand all files Collapse all files

106
PART8.txt
View File

@ -21,7 +21,113 @@ case, as may be specified in the law.
an amendment of this Constitution for the purposes of article 368
notwithstanding that it contains any provision which amends or has the effect
of amending this Constitution.
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 Territor
y
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 Territor
y.
(b) The total number of seats in the Legislative Assembly, the number of
seats reserved for Scheduled 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 Parliament.
100
101
THE CONSTITUTION OF INDIA
(c) The provisions of articles 324 to 327 and 329 shall apply in relation
to the National Capital Territory, the Legislative 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 Parliament.
(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 Stat
e
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:
102
THE CONSTITUTION OF INDIA
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 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
Legislative Assembly.
(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
Puducherry, 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
article; or
(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.
THE CONSTITUTION OF INDIA