advice of the Council of Ministers of NCTD as provided in Article 239AA(4) of the
Constitution.
Signature Not Verified
Digitally signed by
Indu Marwah ... legal provision is possible’.
After taking us through the mandate of Article 239AA , in particular, sub-Article (4),
read in conjunction with Section
brought in by way of
69th Constitution Amendment Act, 1991 introducing Article 239AA. Article
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR ... 2024 etc. Page 12 of 34
Signing Date:06.03.2024
15:23:50
239AA (2)(a) prescribes that there shall be a Legislative Assembly
brought in by way of
69th Constitution Amendment Act, 1991 introducing Article 239AA. Article
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR ... 2024 etc. Page 12 of 34
Signing Date:06.03.2024
15:23:50
239AA (2)(a) prescribes that there shall be a Legislative Assembly
brought in by way of
69th Constitution Amendment Act, 1991 introducing Article 239AA. Article
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR ... 2024 etc. Page 12 of 34
Signing Date:06.03.2024
15:23:50
239AA (2)(a) prescribes that there shall be a Legislative Assembly
required 'consideration' of a repugnancy under either of the Articles- 239AA or
be it 254(2), the body seeking Presidential assent must
holds the office of the Chief
Minister of Delhi under Article 239AA of the Constitution and
and, after an
inquiry to dislodge him from ... incurred
incapacity to carry out his Constitutional obligations and functions under
Articles 239AA (4) , 167(b) and (c) of the Constitution and hence
presidential assent in the manner stipulated in
Article 239AA (3)(c) was absent;
(3) the unit area method was not the recognized system of
valuation
under Section
3(3)(b)(i) are not in violation of Article 239AA
read with Section 41 of the GNCTD Act.
41. Accordingly, this Writ
