The Government of National Capital Territory of Delhi Act, 1991
📖 The Government of National Capital Territory of Delhi Act, 1991
1. Background
Delhi, as the National Capital, had a unique position in India’s federal structure.
Earlier, Delhi was administered as a Union Territory under Article 239 of the Constitution.
There were demands for greater autonomy, including a legislative assembly and council of ministers.
To address this, Parliament enacted the Government of National Capital Territory of Delhi Act, 1991, which came into effect in 1993.
The Act provided for partial statehood to Delhi with certain limitations, balancing the powers of the Union Government and the Delhi government.
2. Objectives of the Act
To establish a Legislative Assembly for Delhi.
To create a Council of Ministers responsible to the Assembly.
To allow Delhi limited powers to make laws on certain subjects.
To define the powers of the Lieutenant Governor as the representative of the Union Government.
To balance Union control with local governance for the National Capital.
3. Key Provisions of the Act
(a) Legislative Assembly
Delhi has a Legislative Assembly with 70 elected members.
The Assembly has powers to make laws on matters in the State List, except:
Public Order
Police
Land
Other matters are subject to the approval of the Lieutenant Governor (LG).
(b) Council of Ministers
Headed by a Chief Minister.
Responsible to the Assembly.
Functions include:
General administration
Local development
Municipal matters
The LG can act on his own discretion in matters not covered by the Assembly.
(c) Lieutenant Governor
Acts as the representative of the President of India.
Powers include:
Overseeing subjects like police, land, and public order.
Can reserve any bill passed by the Assembly for the President’s consideration.
Can seek Union Government instructions on any matter.
(d) Financial Powers
The Delhi Consolidated Fund is maintained for the government.
Grants for specific purposes require LG’s recommendation or approval.
(e) Jurisdiction
Delhi continues to be a Union Territory with special provisions.
The Act ensures that while the people of Delhi elect a government, key powers remain with the Union Government.
4. Importance of the Act
Provided partial statehood to Delhi while ensuring Union control over critical areas.
Introduced democratic governance in Delhi.
Balanced local autonomy with the unique status of the National Capital.
Set the framework for Delhi Assembly elections and Council of Ministers’ functioning.
5. Case Law
1. Rameshwar Prasad v. Union of India (2006 SC)
Issue: Validity of laws enacted by the Delhi Assembly vs. powers of Union.
Court held: Delhi has legislative powers on all State List subjects except public order, police, and land.
Any conflict with the Union or LG’s decision is resolved in favor of Union powers.
2. Government of NCT of Delhi v. Union of India (2018 SC) – The “Power Struggle Case”
Issue: Whether the LG is bound by the aid and advice of the Council of Ministers.
Supreme Court clarified:
LG cannot act independently on matters where the Delhi Assembly has legislative competence.
LG must act on the aid and advice of the Council of Ministers except in cases of police, public order, and land.
This settled the long-standing debate about powers of Delhi government vs LG.
3. State Election Commission v. Union of India (1995 SC)
Issue: Conduct of elections for the Delhi Legislative Assembly.
Court held that elections must be conducted under the Union’s supervision, but the Assembly has full power over internal legislative matters.
6. Key Features Summarized
| Feature | Details |
|---|---|
| Legislative Assembly | 70 members; powers on State List except police, land, public order |
| Council of Ministers | Headed by Chief Minister; responsible to Assembly |
| Lieutenant Governor | Representative of President; discretionary powers on certain subjects |
| Key Powers Reserved | Police, Public Order, Land |
| Conflict Resolution | LG refers to Union Govt; Supreme Court clarified limits in 2018 |
7. Conclusion
The Government of NCT of Delhi Act, 1991:
Provides partial statehood to Delhi.
Ensures democratic governance through elected Assembly and Council of Ministers.
Protects Union Government powers over key subjects.
Judicial interpretation, especially in 2018 SC case, clarified that:
Delhi Assembly can govern subjects in its competence.
LG must act on Council of Ministers’ advice in most matters.
Union control is limited to constitutionally specified areas.
✅ In short: The Act balances local democracy with national interest, making Delhi a special Union Territory with an elected government.
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