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43. It is the contention of Shri P.P. Rao, learned senior counsel appearing for the Delhi High Court that the notification issued by the Lt. Governor is in accordance with law and there was no lack of competence in the Lt. Governor to issue the notification after the introduction of Article 239AA in the Constitution. The notification has been issued under Section 19 of the Punjab Courts Act, 1918. Section 19 of the Punjab Courts Act, 1918, reads as under:

19. Civil Districts (1) For the purposes of this Part the State Government shall divide the territories under its administration into civil districts.

45. Delhi is a Union Territory and after introduction of Article 239AA in the Constitution, the Union Territory of Delhi is called the National Capital Territory of Delhi. Every Union Territory is administered by the President acting to such extent as it thinks fit through an Administrator to be appointed by him. The Lt. Governor has been appointed as an Administrator to administer the National Capital Territory of Delhi. Under this Article, it has been provided that there shall be a Legislative Assembly for the National Capital Territory. After the introduction of this Article, the National Capital Territory of Delhi has been administered by the President through the Administrator appointed under Article 239. Thus, the Lt. Governor is the Administrator for the National Capital Territory of Delhi and shall be representing and authorized to act for and on behalf of the National Capital Territory of Delhi. After the introduction of this Article, the Bengal General Clauses Act, 1899 would not have any application as the Punjab Courts Act, 1918 has been made applicable to the National Capital Territory of Delhi. Thus, the State in Section 19 of the Punjab Courts Act shall be read as the National Capital Territory of Delhi which is represented and administered by the Lt. Governor who has been empowered to issue a notification on behalf of the National Capital Territory of Delhi to divide the territory under his administration into civil districts. The Lt. Governor of Delhi being the representative of the National Capital Territory of Delhi was competent to divide the territory of Delhi under his administration into civil districts.

46. It is further urged by Shri Ranjit Kumar, the learned senior counsel that after the introduction of Article 239AA by the Sixty-ninth Amendment Act, 1991 w.e.f. 01.02.1992 in the Constitution, the person authorized to Page 2583 make any law or regulation in relation to administration of justice is the Legislative Assembly of Delhi and not the Lt. Governor. It is urged that under Article 239AA(3)(a), power to make laws or rules or regulations with respect to any of the matters enumerated in the State List or in the Concurrent List under Schedule VII of the Constitution is with the Legislative Assembly except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2 and 18. Relevant portion of Article 239 and 239AA is as under:

From the commencement of Article 239AA, the Legislative Assembly of the National Capital Territory of Delhi has 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 under the Constitution Page 2584 of India in so far as such matter is applicable to Union territories except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the Entries 1, 2 and 18. Thus, the Legislative Assembly of the National Capital Territory has authority to make laws in regard to the Entries in the State List or in the Concurrent List except Entries 1, 2 and 18 and the matters enumerated in Entries 64, 65 and 66 so far as they relate to the said Entries. Under Clause (4) of Article 239AA, there shall be a Council of Ministers with the Chief Minister at the head who shall aid and advise the Lieutenant Governor to exercise his functions in relation to matters which fall within the ambit of the Legislative Assembly to make laws except the functions which are required to be undertaken under any law by the Lt. Governor exercising his own discretion.