## CONSTITUTION 239AA

### CONSTITUTION 239AA — Special provisions with respect to Delhi
- https://unisonlegal.in/statutes/constitution/239AA

> 1[239AA. Special provisions with respect to Delhi.-(1) As from the
date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991,
the Union territory of Delhi shall be called the National Capital Territory of Delhi
(hereafter in this Part referred to as the National Capital Territory) and the
administrator thereof appointed under article 239 shall be designated as the
Lieutenant Governor.
(2)(a) There shall be a Legislative Assembly for the National Capital
Territory and the seats in such Assembly shall be filled by members chosen by
direct election from territorial constituencies in the National Capital Territory.
(b) The total number of seats in the Legislative Assembly, the number of
seats reserved for Scheduled Castes, the division of the National Capital Territory
into territorial constituencies (including the basis for such division) and all other
matters relating to the functioning of the Legislative Assembly shall be regulated
by law made by Parliament.
2[(ba) Seats shall be reserved for women in the Legislative Assembly of
the National Capital Territory of Delhi.
(bb) As nearly as may be, one-third of the seats reserved for the Scheduled
Castes in the Legislative Assembly of the National Capital Territory of Delhi
shall be reserved for women.
(bc) As nearly as may be, one-third of the total number of seats to be filled
by direct election in the Legislative Assembly of the National Capital Territory
of Delhi (including the numbers of seats reserved for women belonging to the
Scheduled Castes) shall be reserved for women in such manner as Parliament
may by law determine.]
(c) The provisions of articles 324 to 327 and 329 shall apply in relation to
the National Capital Territory, the Legislative Assembly of the National Capital
Territory and the members thereof as they apply, in relation to a State, the
Legislative Assembly of a State and the members thereof respectively; and any
reference in articles 326 and 329 to "appropriate Legislature" shall be deemed to
be a reference to Parliament.

1. Arts. 239AA and 239 AB ins. by the Constitution (Sixty-ninth Amendment) Act, 1991,
s. 2 (w.e.f. 1-2-1992).
2. Ins. by the Constitution (One Hundred and Sixth Amendment) Act, 2023, s. 2 (w.e.f. 16-4-2026).
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(3) (a) Subject to the provisions of this Constitution, the Legislative
Assembly shall have 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 in so far as any 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 said Entries 1, 2
and 18.
(b) Nothing in sub-clause (a) shall derogate from the powers of
Parliament under this Constitution to make laws with respect to any matter for a
Union territory or any part thereof.
(c) If any provision of a law made by the Legislative Assembly with
respect to any matter is repugnant to any provision of a law made by Parliament
with respect to that matter, whether passed before or after the law made by the
Legislative Assembly, or of an earlier law, other than a law made by the
Legislative Assembly, then, in either case, the law made by Parliament, or, as the
case may be, such earlier law, shall prevail and the law made by the Legislative
Assembly shall, to the extent of the repugnancy, be void:
Provided that if any such law made by the Legislative Assembly has been
reserved for the consideration of the President and has received his assent, such
law shall prevail in the National Capital Territory:
Provided further that nothing in this sub-clause shall prevent Parliament
from enacting at any time any law with respect to the same matter including a
law adding to, amending, varying or repealing the law so made by the Legislative
Assembly.
(4) There shall be a Council of Ministers consisting of not more than ten
percent. of the total number of members in the Legislative Assembly, with the
Chief Minister at the head to aid and advise the Lieutenant Governor in the
exercise of his functions in relation to matters with respect to which the
Legislative Assembly has power to make laws, except in so far as he is, by or
under any law, required to act in his discretion:
Provided that in the case of difference of opinion between the Lieutenant
Governor and his Ministers on any matter, the Lieutenant Governor shall refer it
to the President for decision and act according to the decision given thereon by
the President and pending such decision it shall be competent for the Lieutenant
Governor in any case where the matter, in his opinion, is so urgent that it is
necessary for him to take immediate action, to take such action or to give such
direction in the matter as he deems necessary.
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(5) The Chief Minister shall be appointed by the President and other
Ministers shall be appointed by the President on the advice of the Chief Minister
and the Ministers shall hold office during the pleasure of the President.
(6) The Council of Ministers shall be collectively responsible to the
Legislative Assembly.
1[(7) (a)] Parliament may, by law, make provisions for giving effect to, or
supplementing the provisions contained in the foregoing clauses and for all
matters incidental or consequential thereto.
2[(b) Any such law as is referred to in sub-clause (a) shall not be deemed
to be an amendment of this Constitution for the purposes of article 368
notwithstanding that it contains any provision which amends or has the effect of
amending, this Constitution.]
(8) The provisions of article 239B shall, so far as may be, apply in
relation to the National Capital Territory, the Lieutenant Governor and the
Legislative Assembly, as they apply in relation to the Union territory of
3[Puducherry], the administrator and its Legislature, respectively; and any
reference in that article to "clause (1) of article 239A" shall be deemed to be a
reference to this article or article 239AB, as the case may be.