In Government of NCT of Delhi versus Union of India (2018), the Constitution Bench of the Supreme Court held that the Lieutenant Governor of Delhi
- A.may take decisions independently of the Council of Ministers on every subject
- B.has no independent decision-making power and is bound by the aid and advice of the Council of Ministers, except on reserved subjects and matters of discretion
- C.is the constitutional head of a full-fledged state
- D.can dissolve the Legislative Assembly on his own without reference to the President
Correct answer
Explanation
The correct answer is B. The five-judge Bench read Article 239AA as a scheme of representative government and held that the Lieutenant Governor has no independent decision-making power; he must act on the aid and advice of the elected Council of Ministers except on public order, police and land, and where a law requires him to act in his discretion. Option A is wrong because the judgment rejected exactly that claim of a general power to differ, holding that the proviso to Article 239AA(4) is an exception to be used sparingly on substantial issues, not a routine veto. Option C is wrong because Delhi remains a Union Territory with a special status and the Lieutenant Governor is an administrator under Article 239, not a Governor appointed under Article 155. Option D is wrong because the dissolution of the assembly and the failure of constitutional machinery in Delhi are dealt with under Article 239AB by the President.
Read the full article: Union Territories and Delhi: Articles 239 to 241
Practice Questions
View allUnder which Article of the Constitution is every Union Territory administered by the President through an administrator appointed by him?
- A.Article 238
- B.Article 239
- C.Article 240
- D.Article 241
Show answer
Explanation
The correct answer is B, Article 239. Article 239(1) provides that every Union Territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator appointed by him with such designation as he may specify. This is why a Union Territory has a Lieutenant Governor or an Administrator and not a Governor of its own. Option A is wrong because Article 238, which dealt with the application of Part VI to the old Part B states, was repealed by the Seventh Amendment of 1956 and no longer operates. Option C is wrong because Article 240 is a different power altogether: it lets the President make regulations for certain named Union Territories such as the Andaman and Nicobar Islands and Lakshadweep. Option D is wrong because Article 241 deals with High Courts for Union Territories and empowers Parliament to constitute a High Court for such a territory, as it did for Delhi in 1966.
Article 239AA, which gives the National Capital Territory of Delhi its special status, was inserted by which Constitutional Amendment Act?
- A.The 14th Amendment, 1962
- B.The 61st Amendment, 1988
- C.The 69th Amendment, 1991
- D.The 74th Amendment, 1992
Show answer
Explanation
The correct answer is C, the 69th Amendment, 1991. The Constitution (Sixty-ninth Amendment) Act, 1991 inserted Articles 239AA and 239AB, renamed the Union Territory of Delhi as the National Capital Territory of Delhi and provided it with a Legislative Assembly and a Council of Ministers. Option A is wrong because the Fourteenth Amendment of 1962 inserted Article 239A, which allowed Parliament to create a legislature or a Council of Ministers for certain Union Territories, and it is the basis of Puducherry's assembly, not Delhi's. Option B is wrong because the Sixty-first Amendment of 1988 lowered the voting age from twenty-one to eighteen years. Option D is wrong because the Seventy-fourth Amendment of 1992 added Part IXA on municipalities and the Twelfth Schedule; it strengthened urban local bodies across the country and had nothing to do with Delhi's status as a capital territory.
Which three subjects of the State List are kept outside the legislative competence of the Legislative Assembly of the National Capital Territory of Delhi?
- A.Public health, education and local government
- B.Public order, police and land
- C.Police, prisons and agriculture
- D.Land, water and electricity
Show answer
Explanation
The correct answer is B, public order, police and land. Article 239AA(3)(a) lets the Delhi assembly make laws on the State List and the Concurrent List as they apply to the territory, but excludes Entries 1, 2 and 18 of the State List, which are public order, police and land, along with Entries 64, 65 and 66 so far as they relate to those three. Option A is wrong because public health, education and local government are with the Delhi government, which runs hospitals, schools and municipal matters. Option C is wrong because, although police is indeed excluded, prisons and agriculture are not: prisons were brought within the territory's competence and agriculture was never a reserved subject. Option D is wrong because only land is excluded of the three named; water supply and electricity are handled by the Delhi government through its own boards and utilities.
The Council of Ministers of the National Capital Territory of Delhi cannot have more than how many members, including the Chief Minister?
- A.Five
- B.Seven
- C.Ten
- D.Twelve
Show answer
Explanation
The correct answer is B, seven. Article 239AA(4) says the Council of Ministers of Delhi shall consist of not more than ten per cent of the total number of members of its Legislative Assembly. The assembly has seventy directly elected seats, so ten per cent of seventy gives seven ministers, a figure that includes the Chief Minister. Option A is wrong because five is not derived from any provision; it is a plausible-looking but invented number. Option C is wrong because ten is the percentage figure in the article, not the number of ministers, and this is the trap the question is built on. Option D is wrong because twelve exceeds the ceiling; a fifteen per cent cap applies to the states under Article 164(1A), but Delhi is governed by the stricter ten per cent rule written into Article 239AA itself.
Who functions as the Administrator of the Union Territory of Chandigarh?
- A.The Governor of Punjab
- B.The Governor of Haryana
- C.The Chief Justice of the Punjab and Haryana High Court
- D.An officer of the Indian Administrative Service appointed by the Union Home Ministry
Show answer
Explanation
The correct answer is A, the Governor of Punjab. Article 239(2) allows the President to appoint the Governor of a state as the administrator of an adjoining Union Territory, and under it the Governor of Punjab has been given additional charge as the Administrator of Chandigarh. Option B is wrong because, although Chandigarh is the shared capital of both Punjab and Haryana, it is the Governor of Punjab and not of Haryana who holds the charge. Option C is wrong because a judge of a High Court performs judicial functions and cannot hold an executive office of this kind; such an appointment would offend the separation of powers. Option D is wrong because, while senior civil servants serve as administrators of some Union Territories such as Lakshadweep, Chandigarh is administered under the Article 239(2) arrangement with the Governor of Punjab.