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69th Constitutional Amendment of the Constitution of India
«20-Feb-2025
Introduction
- The Constitution (69th Amendment) Act of 1991 marks a significant transformation in the governance structure of Delhi.
- This amendment was enacted to state the unique position of Delhi as the national capital while providing its citizens with a democratic government.
- The Parliament of India, recognizing the special status of Delhi, introduced this amendment to create a balanced administrative framework that would serve both local and national interests.
- The amendment continues to serve as the foundation for Delhi's governance, balancing local democratic aspirations with national imperatives. Its provisions ensure that Delhi can be effectively administered while maintaining its crucial role as India's capital city.
- This unique constitutional arrangement remains a testament to India's federal structure and democratic values.
Fundamental Modifications
- The amendment fundamentally altered Delhi's constitutional status by establishing the National Capital Territory of Delhi.
- The territory, while remaining under the broader administrative control of the Union Government, was granted a unique position with its own elected government.
- The amendment established a comprehensive framework for governance that includes a Legislative Assembly and a Council of Ministers, thereby creating a democratic structure within the constraints of Delhi's role as the national capital.
Governmental Structure
- The Legislative Assembly of Delhi consists of seventy members who are directly elected by the citizens of the National Capital Territory.
- This assembly functions as the primary legislative body for Delhi, operating within the specific powers granted by the Constitution.
- The assembly represents the democratic will of Delhi's citizens while acknowledging the special nature of the capital territory.
- The Council of Ministers, led by the Chief Minister, serves as the executive body of the Delhi government.
- The Chief Minister is appointed by the President of India, and other ministers are appointed on the Chief Minister's recommendation.
- The Council of Ministers is collectively responsible to the Legislative Assembly and handles the day-to-day administration of Delhi within their prescribed powers.
- The Lieutenant Governor, appointed by the President of India, serves as the administrative head of the National Capital Territory.
- The Lieutenant Governor's role encompasses both ceremonial duties and substantial administrative powers, particularly in matters relating to public order, police, and land.
- The position acts as a bridge between the central government and the Delhi administration.
Distribution of Powers
- The amendment carefully delineates the powers between the Delhi government and the central government.
- The Legislative Assembly has been empowered to make laws on subjects in the State List and the Concurrent List, with specific exclusions.
- The assembly can legislate on matters pertaining to the administration and development of Delhi, except for subjects specifically reserved for the central government.
- The central government, through Parliament, retains overriding legislative authority on all matters concerning Delhi.
- This ensures that national interests are protected while allowing local governance to function effectively.
- The amendment specifically reserves matters of public order, police, and land under central government control, recognizing their critical importance to the national capital.
Administrative Mechanisms
- The amendment establishes clear administrative procedures for governance.
- All executive actions of the Delhi government must be taken in the name of the Lieutenant Governor.
- In cases of disagreement between the Lieutenant Governor and the Council of Ministers, matters can be referred to the President of India for final decision, ensuring a clear mechanism for dispute resolution.
- The financial administration of Delhi is conducted through a Consolidated Fund of the Capital, established under the provisions of this amendment.
- All financial matters, including budgeting and expenditure, follow prescribed constitutional procedures, ensuring fiscal responsibility and accountability.
Special Provisions
- The amendment includes special provisions to address Delhi's unique status.
- It establishes mechanisms for coordination between various authorities and ensures smooth administration of the capital territory.
- The Lieutenant Governor has been granted special powers to refer matters to the President if they involve national interest or affect the capital's status.
Practical Implementation
- The implementation of this amendment requires careful coordination between various authorities.
- The Delhi government exercises its powers within the prescribed constitutional limits, while the central government maintains oversight on matters of national importance.
- This arrangement necessitates regular consultation and cooperation between different levels of government.
Conclusion
The Constitution (69th Amendment) Act represents a carefully crafted compromise between local governance and national interests. It provides Delhi with democratic governance while ensuring that its status as the national capital is not compromised. The success of this constitutional arrangement depends on harmonious cooperation between the central and Delhi governments, clear understanding of respective jurisdictions, and commitment to the development of the National Capital Territory.