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Showing contexts for: article 239aa in Mrvivek Garg vs Gnctd on 29 February, 2016Matching Fragments
Article 239AA (3)(a) of the Constitution of India vests powers in the Legislative Assembly of the NCT to make laws in respect of any matter enumerated in the State List or in the Concurrent List, except in respect of Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of the said list, insofar as they relate to Entry 1, 2 and 18. Thus, it would be seen that there is no fetter on the legislative power of the Legislative Assembly of the NCT in relation to matters enumerated in List IIIthe concurrent list of the Seventh Schedule to the constitution.
62. A Division Bench of this Court in Om Parkash Pahwa & Ors. Vs. State of Delhi & Others, 75 (1998) DLT 3 (DB), had occasion to examine the scope and impact of Article 239AA of the Constitution on the executive power of the Union, which acts in the NCTD through the Lieutenant Governor. The Division Bench observed as follows:
"65. To examine the scope and impact of Article 239AA, we would borrow the several principles of law laid down in Shamsher Singh Vs. State of Punjab, (1974) II LLJ 465 SC, a decision of a Constitution Bench of the Supreme Court which contains an illuminating exposition of the Constitutional scheme and impact on the working of the Government under the pari materia provisions such as Articles 53, 77, 154 and 166 ofthe Constitution. Shamser Singh's case was decided when Art 239AA was not to be found in the Constitution.
67. The phraseology employed by Clause (4) of Article 239AA deserves to be compared with that employed in Article 163. The Lt. Governor of NCT of Delhi would be aided and advised by the Council of Ministers in the exercise of his functions in relation to the matters with reference to which the legislative assembly has power to make laws. However, the Governor while exercising such powers and discharging such functions which 'any law' requires to be done 'in his discretion' are not associated with the aid and advice of the Council of Ministers. There the Lt. Governor acts in his discretion.
64. The Legislative Assembly of the NCT constituted by Article 239AA 2(a) is, by Article 239AA(3)(a) empowered to make laws in respect of matters enumerated in, inter alia, the concurrent list of the Seventh Schedule to the Constitution. Therefore, in respect of matters dealt with by Entries 1 and 2 of the Concurrent List, the Lieutenant Governor cannot act in his discretion, and he is bound to act upon the aid and advice of the Council of Ministers. No law has been cited by the applicant, by which the Lieutenant Governor was empowered to act in his discretion in the matters covered by Entries 1 & 2 of the List III Concurrent List.