The 69th Constitutional Amendment Act of 1991 provided a special status to the Union Territory of Delhi by redesignating it as the National Capital Territory (NCT) of Delhi. The act also established a legislative assembly and a council of ministers for the territory and designated the administrator as the lieutenant (lt.) governor.
Here are the key provisions and features of the 69th Constitutional Amendment Act:
1. Status of Delhi:
- National Capital Territory of Delhi: Delhi was re-designated as the National Capital Territory of Delhi, reflecting its special status as the capital of India.
- Lieutenant Governor: The administrator of Delhi is now designated as the lieutenant governor, representing the President of India in the territory.
2. Legislative Assembly:
- Composition: The legislative assembly consists of 70 members who are directly elected by the people.
- Legislative Powers: The assembly can legislate on all matters of the State List and Concurrent List, except public order, police, and land, which remain under the purview of the central government.
- Primacy of Parliament: Laws passed by Parliament prevail over those passed by the assembly.
3. Council of Ministers:
- Size and Appointment: The council of ministers consists of a chief minister and up to six other ministers, totaling 10% of the assembly's strength. The chief minister is appointed by the President of India, and the other ministers are appointed on the advice of the chief minister.
- Powers and Responsibilities: The council of ministers is collectively responsible to the assembly and advises the lieutenant governor in his functions, except where the governor must act in his discretion.
- Difference of Opinion: If there is a difference of opinion between the lieutenant governor and the council of ministers, the matter is referred to the President for a final decision.
4. Ordinance Making Power:
- Promulgation of Ordinances: The lieutenant governor has the power to promulgate ordinances during the recess of the assembly.
- Approval of Ordinances: An ordinance must be approved by the assembly within six weeks of its reassembly; otherwise, it will lapse.
- Restrictions: The lieutenant governor cannot promulgate an ordinance when the assembly is dissolved or suspended, and such actions require prior permission from the President.
5. President’s Rule:
- Failure of Constitutional Machinery: The President of India can impose President’s Rule in Delhi if the constitutional machinery fails, similar to Article 356 for states. This can occur based on the report of the lieutenant governor or other factors.
The act balances Delhi's local governance needs with the overall authority of the central government to maintain control over critical aspects such as public order, police, and land in the capital.
