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a. There does not exist a homogeneous class of Union Territories with
similar governance structures;
b. NCTD is not similar to other Union Territories. By virtue of Article 239AA,
NCTD is accorded a “sui generis” status, setting it apart from other
Union Territories;
c. The Legislative Assembly of NCTD has competence over entries in List II
and List III except for the expressly excluded entries of List II. In
addition to the Entries in List I, Parliament has legislative competence
over all matters in List II and List III in relation to NCTD, including the
entries which have been kept out of the legislative domain of NCTD by
virtue of Article 239AA(3)(a);
CA 2357/2017
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g. The phrase ‘insofar as any such matter is applicable to Union
Territories’ in Article 239AA(3) cannot be read to further exclude the
legislative power of NCTD over entries in the State List or Concurrent
List, over and above those subjects which have been expressly
excluded;
h. With reference to the phrase “Subject to the provisions of this
Constitution” in Article 239AA(3), the legislative power of NCTD is to be
guided, and not just limited, by the broader principles and provisions of
the Constitution; and
i. NCTD has legislative and executive power over “Services”, that is, Entry
41 of List II of the Seventh Schedule because: