exercise his power under the proviso to
Clause (4) of Article 239AA; the Lieutenant Governor has not been
entrusted with any independent decision making power ... Delhi which
was formed pursuant to the insertion of Article 239AA has been formed
in exercise of the Parliament’s Constituent Power, as distinct from
issue centered around the interpretation that needed to be
given to Article 239AA of the Constitution of India.
2) Undoubtedly, NCTD was and remains Union ... Governor.
With the aforesaid special provision inculcated by the insertion of Article
239AA and by providing for Legislative Assembly, the moot question
arose
Ajay Maken & Ors. vs Union Of India & Ors. on 18 March, 2019
Equivalent
Capital Territory of Delhi (NCTD).
This happened with the insertion of Article 239AA and 239AB in
the Constitution of India vide Constitution (Sixty-Ninth
Amendment
impose various punishments. The contentions raised
before the Court based on Article 239AA(4) of the
Constitution that the Scheme in NCT Delhi is different
special status that the NCT of Delhi
enjoys by virtue of Article 239AA of the Constitution:
"National Capital Territory of Delhi
64. In case
position
declared by the first proviso to clause 3C of Article 239AA , so far
as Section 10(4A) is concerned, the same would prevail ... between
them, by virtue of the operation of the proviso to Article 239AA(3)
(c), Section 10(4A) being a law made by the Legislative
position
declared by the first proviso to clause 3C of Article 239AA , so far
as Section 10(4A) is concerned, the same would prevail ... between
them, by virtue of the operation of the proviso to Article 239AA(3)
LID No. 4/2016 12/20
(c), Section 10(4A) being
position
declared by the first proviso to clause 3C of Article 239AA , so far
as Section 10(4A) is concerned, the same would prevail ... between
them, by virtue of the operation of the proviso to Article 239AA(3)
LID No. 3/2016 12/20
(c), Section 10(4A) being
