Can Delhi get executive powers like other States 

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Can Delhi get executive powers like other States 

Context

  • The Supreme Court questioned whether the constitutional scheme on division of executive powers between the Centre and the States can be made applicable to the Union Territory of Delhi.

What did the supreme court state?

  • A five-judge Constitution bench headed by Chief Justice of India stated that the executive powers of Delhi should be ascertained in the light of the constitutional scheme providing a clear division of powers between the States and the Centre.
  • The court should not be guided by the nomenclature of Delhi as a Union Territory while interpreting Article 239AA and the executive powers of the Delhi government and there should be no “blurring of responsibilities” between the State and the Centre.

What are the special provisions with respect to Delhi?

  • Article 239AA of the Indian Constitution, enacted as per 69th Amendment Act of 191, confers special previsions for Delhi (National Capital Territory of Delhi). Some of them are listed below.
  • The Union Territory of Delhi shall be called the National Capital Territory and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor.
  • Provisions of public order, police and land is not under the jurisdiction of the Delhi government, but is with the centre.
  • 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 and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament.
  • 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 and any reference in articles 326 and 329 to “appropriate Legislature” shall be deemed to be a reference to Parliament.
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