In State (NCT of Delhi) v. Union of India (2018) 8 SCC 501 (5-Judge Constitution Bench), the Supreme Court interpreted Article 239AA, holding that:

The Lieutenant Governor (LG) of Delhi is bound by the 'aid and advice' of the Council of Ministers on all matters within the legislative competence of Delhi Assembly (except Police, Public Order, and Land), and cannot act as an obstructionist or parallel administrator

The LG has absolute personal discretion in all administrative matters

Delhi Assembly has zero legislative powers

The Chief Minister of Delhi is appointed by the LG

Under Article 239AA(5) of the Constitution of India, the Chief Minister of the National Capital Territory of Delhi is appointed by:

The President of India (and the other Ministers are appointed by the President on the advice of the Chief Minister)

The Lieutenant Governor of Delhi

The Chief Justice of the Delhi High Court

By the Constitution (Sixty-ninth Amendment) Act, 1991, which special constitutional status and institutional structure was conferred on Delhi?

Inserted Article 239AA and Article 239AB, designating the Union Territory of Delhi as the 'National Capital Territory of Delhi' (NCTD), providing it with a Legislative Assembly and Council of Ministers headed by a Chief Minister (with legislative power on State List matters EXCEPT Police, Public Order, and Land)

Conferred full Statehood on Delhi

Abolished the office of Lieutenant Governor

Merged Delhi into the State of Haryana

Under Article 239AA of the Constitution of India (inserted by the 69th Amendment Act, 1991) and the Constitution Bench verdicts in Govt. of NCT of Delhi v. Union of India (2018 & 2023):

The Legislative Assembly of NCT of Delhi has power to make laws on all matters in the State List and Concurrent List EXCEPT THREE MATTERS: Public Order (Entry 1), Police (Entry 2), and Land (Entry 18); and the Lieutenant Governor (LG) is bound by the Aid and Advice of the elected Council of Ministers in all other matters

Delhi Legislative Assembly has no legislative power over any State subject

The Lieutenant Governor has unchecked personal discretion in all executive affairs

Delhi is a full-fledged State under Article 1

📖 Constitution of India•🎯 5 Practice MCQs

Part VIII: The Union Territories (Articles 239–242)

Chapter-wise objective questions with statutory bare act articles, landmark Supreme Court case laws, and past judicial service citations.

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Part VIII: The Union Territories (Articles 239–242) • 5 Questions

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This practice module for Part VIII: The Union Territories (Articles 239–242) contains 5 Multiple Choice Questions tailored for State Judicial Service Preliminary Examinations (including UP PCS-J, Delhi Judicial Service, Bihar Judiciary, MP Judiciary, Rajasthan Judicial Service), CLAT LL.M, All India Bar Examination (AIBE), and UGC-NET Law.

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