Comprehension
The principles of democracy and federalism are essential features of our Constitution and form a part of the basic structure. Federalism in a multi-cultural, multi-religious, multi-ethnic and multi-linguistic country like India ensures the representation of diverse interests. It is a means to reconcile the desire of commonality along with the desire for autonomy and accommodate diverse needs in a pluralistic society. Recognizing regional aspirations strengthens the unity of the country and embodies the spirit of democracy. Thus, in any federal Constitution, at a minimum, there is a dual polity, that is, two sets of government operate: one at the level of the national government and the second at the level of the regional federal units. These dual sets of government, elected by “We the People” in two separate electoral processes, is a dual manifestation of the public will. The priorities of these two sets of governments, which manifest in a federal system are not just bound to be different, but are intended to be different.
While NCTD is not a full-fledged state, its Legislative Assembly is constitutionally entrusted with the power to legislate upon the subjects in the State List and Concurrent List. It is not a State under the First Schedule to the Constitution, yet it is conferred with power to legislate upon subjects in Lists II and III to give effect to the aspirations of the people of NCTD. It has a democratically elected government which is accountable to the people of NCTD. Under the constitutional scheme envisaged in Article 239AA (3), NCTD was given legislative power which though limited, in many aspects is similar to States. In that sense, with addition of Article 239AA, the Constitution created a federal model with the Union of India at the centre, and the NCTD at the regional level. This is the asymmetric federal model adopted for NCTD. While NCTD remains a Union Territory, the unique constitutional status conferred upon it makes it a federal entity for the purpose of understanding the relationship between the Union and NCTD.
While NCTD is not a full-fledged state, its Legislative Assembly is constitutionally entrusted with the power to legislate upon the subjects in the State List and Concurrent List. It is not a State under the First Schedule to the Constitution, yet it is conferred with power to legislate upon subjects in Lists II and III to give effect to the aspirations of the people of NCTD. It has a democratically elected government which is accountable to the people of NCTD. Under the constitutional scheme envisaged in Article 239AA (3), NCTD was given legislative power which though limited, in many aspects is similar to States. In that sense, with addition of Article 239AA, the Constitution created a federal model with the Union of India at the centre, and the NCTD at the regional level. This is the asymmetric federal model adopted for NCTD. While NCTD remains a Union Territory, the unique constitutional status conferred upon it makes it a federal entity for the purpose of understanding the relationship between the Union and NCTD.
[Extracted from Government of NCT of Delhi v. Union of India, 2023 SCC Online SC 606 (hereafter GNCTD Case)]
While NCTD is not a full-fledged state, its Legislative Assembly is constitutionally entrusted with the power to legislate upon the subjects in the State List and Concurrent List. It is not a State under the First Schedule to the Constitution, yet it is conferred with power to legislate upon subjects in Lists II and III to give effect to the aspirations of the people of NCTD. It has a democratically elected government which is accountable to the people of NCTD. Under the constitutional scheme envisaged in Article 239AA (3), NCTD was given legislative power which though limited, in many aspects is similar to States. In that sense, with addition of Article 239AA, the Constitution created a federal model with the Union of India at the centre, and the NCTD at the regional level. This is the asymmetric federal model adopted for NCTD. While NCTD remains a Union Territory, the unique constitutional status conferred upon it makes it a federal entity for the purpose of understanding the relationship between the Union and NCTD.
While NCTD is not a full-fledged state, its Legislative Assembly is constitutionally entrusted with the power to legislate upon the subjects in the State List and Concurrent List. It is not a State under the First Schedule to the Constitution, yet it is conferred with power to legislate upon subjects in Lists II and III to give effect to the aspirations of the people of NCTD. It has a democratically elected government which is accountable to the people of NCTD. Under the constitutional scheme envisaged in Article 239AA (3), NCTD was given legislative power which though limited, in many aspects is similar to States. In that sense, with addition of Article 239AA, the Constitution created a federal model with the Union of India at the centre, and the NCTD at the regional level. This is the asymmetric federal model adopted for NCTD. While NCTD remains a Union Territory, the unique constitutional status conferred upon it makes it a federal entity for the purpose of understanding the relationship between the Union and NCTD.
[Extracted from Government of NCT of Delhi v. Union of India, 2023 SCC Online SC 606 (hereafter GNCTD Case)]
Question: 1
In the GNCTD’s case, which of the following powers were held to be within the control of the Government of the National Capital Territory of Delhi?
In the GNCTD’s case, which of the following powers were held to be within the control of the Government of the National Capital Territory of Delhi?
Updated On: Nov 7, 2024
- Law and Order
- Land
- Police
- Police
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The Correct Option is D
Solution and Explanation
In the GNCTD’s case, the Supreme Court held that the Government of NCT of
Delhi has control over ”services,” excluding certain areas like land, police, and law and order,
which remain with the central government.
The correct option is (D): Police
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Question: 2
Why does the Court describe the Indian federal model as one embodying ‘asymmetric federalism’?
Why does the Court describe the Indian federal model as one embodying ‘asymmetric federalism’?
Updated On: Nov 7, 2024
- All the Union Territories are similarly placed within the constitutional scheme
- Some Union Territories enjoy more powers than other Union Territories
- Only full-fledged States have a direct line of democratic accountability with an electorate.
- The Indian Constitution has a strong unitary bias
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The Correct Option is B
Solution and Explanation
Asymmetric federalism in India means that some Union Territories have greater
autonomy and powers than others, reflecting a tailored approach to governance.
The correct option is (B): Some Union Territories enjoy more powers than other Union Territories
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Question: 3
Which of the following propositions are true for the holdings in the 2018 Constitution Bench judgment in Government of NCT of Delhi v. Union of India, (2018) 8 SCC 501?
Which of the following propositions are true for the holdings in the 2018 Constitution Bench judgment in Government of NCT of Delhi v. Union of India, (2018) 8 SCC 501?
Updated On: Nov 7, 2024
- There is no independent authority vested in the Lieutenant Governor to take decisions under Article 239AA of the Constitution.
- The Lieutenant Governor applies their mind independently to matters concerning the National Capital Territory of Delhi.
- The Lieutenant Governor has only partial independent authority to take decisions under Article 239AA of the Constitution.
- The Council of Ministers has no independent authority under Article 239AA of the Constitution of India.
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The Correct Option is A
Solution and Explanation
The 2018 judgment clarified that the Lieutenant Governor of Delhi does not have
independent decision-making authority but must act in coordination with the Council of Min-
isters, except in specific circumstances.
The correct option is (A): There is no independent authority vested in the Lieutenant Governor to take decisions under Article 239AA of the Constitution
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Question: 4
Which of the following cases were relied upon by the Court in the 2018 Constitution Bench decision to interpret the words “aid and advice”:
Which of the following cases were relied upon by the Court in the 2018 Constitution Bench decision to interpret the words “aid and advice”:
Updated On: Nov 7, 2024
- Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
- I.C. Golaknath v. State of Punjab, AIR 1967 SC 1643
- Samsher Singh v. State of Punjab, (1974) 2 SCC 831
- A.K. Gopalan v. State of Madras, AIR 1950 SC 27
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The Correct Option is C
Solution and Explanation
The Court in the GNCTD case referenced Samsher Singh v. State of Punjab to
interpret the meaning of ‘aid and advise’ in the context of the powers of the Lieutenant Gov-
ernor.
The correct option is (C): Samsher Singh v. State of Punjab, (1974) 2 SCC 831
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Question: 5
Following the ratio of the GNCTD’s case, which of the following propositions would be true:
Following the ratio of the GNCTD’s case, which of the following propositions would be true:
Updated On: Nov 7, 2024
- The Government of NCTD shall have legislative power to make laws on “services”, because “services” is not expressly excluded in Article 239AA(3)(a)
- The Government of NCTD shall not have the legislative power to make laws on “services” as it is impliedly a part of the entry on “law and order”, which in turn is expressly excluded in Article 239AA(3)(a)
- The Government of NCTD shall have legislative power to make laws on “services” only if expressly authorized by the Union Parliament to do so.
- None of the above.
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The Correct Option is A
Solution and Explanation
According to the Supreme Court’s interpretation in the GNCTD case, the Govern-
ment of NCTD does not have legislative power over “services” because “services” falls under
the purview of the Union as it is not explicitly granted to NCTD in Article 239AA(3)(a).
The correct option is (A): The Government of NCTD shall have legislative power to make laws on “services”, because “services” is not expressly excluded in Article 239AA(3)(a)
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