pleased to quash the Constitution (69th Amendment) Act, particularly Article 239AA of the Constitution in Part VIII thereof under the heading Special provisions in respect ... special provision contained in Article 239AA and Article 239B.
5. In terms of Clause 8 of Article 239AA the provision of Article 239B shall
light of the Constitution
69th Amendment Act dated 01.02.1992 inserting Article 239AA
and the Government of National Capital Territory Act, 1991 is
accepted, Article 239AA ... dated 06.01.2016, at any rate, cannot be
saved in view of Article 239AA(3)(c) of the Constitution of India.
LPA No.89/2016 Page
Legislative Assembly of NCT of Delhi under
clause (3)(a) of Article 239AA of the Constitution and
an order thereon can be issued only where ... required in
terms of the proviso to clause (4) of Article 239AA of the
Constitution read with Chapter V of the Transaction of
Business
hence
deserves to be quashed and set aside, being ultra vires Article 239AA of the
Constitution of India.
3. Learned counsel appearing for the Petitioner ... Delhi
was mandatory in terms of Proviso to Clause (4) of Article 239AA of the
Constitution of India before issuing the impugned Notification dated
Page 1 of 6
Government of NCT of Delhi under Article 239AA of the Constitution in
respect of matters relating to "services" have ... Legislative
Assembly of NCT of Delhi under clause (3)(a) of Article
239AA of the Constitution is without substance and
cannot be accepted
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 ... kept out of the legislative domain of NCTD by
virtue of Article 239AA(3)(a);
d. The executive power of NCTD is co-extensive with
take away the representative character of Delhi Government.
It amends Article 239AA without following the Constitutional process with regard to the amendment of the Constitution ... stated, Madam Chairperson, this unconstitutional legislation is not saved by Article 239AA , Clause 7, which the Minister had referred to; and I would demonstrate
such requirement at that time.
d) In view of Article 239AA , UPSC has no authority and power
over Respondent No.1-Govt. of NCTD ... candidates.
b) Even after the Constitutional amendment by way of adding
Article 239AA , Delhi is still an Union Territory. The name of
the Union Territory
give age relaxation. In this regard, we have to refer Articles 239AA and 239AB. In Article 239AA , it is stated that the Chief Minister shall ... President of India for his assent. Under Sub-Clause(8) to Article 239AA , it is stipulated that the provisions of Article 239B shall apply
appointed by him with such designation as he may specify". Article 239AA
inserted by the Constitution (69th Amendment Act, 1991 ) effective from
1.2.1992 lays ... read with
Article 239. POTA is a Parliamentary enactment. Sub-Clause (b) of Clause 3 of
Article 239AA makes it explicit that notwithstanding
