Article 239AA of CoI : Article 239AA: Special provisions with respect to Delhi.

Explanation using Example

Example 1:

Scenario: A new law on public transportation is proposed in Delhi.

Explanation:

• The Legislative Assembly of Delhi decides to create a new law to improve public transportation within the city.
• The Assembly drafts the law and passes it through a majority vote.
• However, the law must be in line with the Constitution and cannot conflict with any existing laws made by Parliament.
• If there is a conflict, the law made by Parliament will prevail unless the President has given assent to the new law proposed by the Delhi Legislative Assembly.

Example 2:

Scenario: Appointment of the Chief Minister and Council of Ministers in Delhi.

Explanation:

• After elections, a political party wins the majority of seats in the Delhi Legislative Assembly.
• The President of India appoints the leader of the winning party as the Chief Minister of Delhi.
• The Chief Minister then advises the President on the appointment of other ministers.
• These ministers form the Council of Ministers, which is collectively responsible to the Legislative Assembly.
• The Council of Ministers aids and advises the Lieutenant Governor on matters where the Legislative Assembly has the power to make laws.

Example 3:

Scenario: Conflict between the Lieutenant Governor and the Council of Ministers.

Explanation:

• The Council of Ministers proposes a new policy on healthcare in Delhi.
• The Lieutenant Governor disagrees with the proposed policy.
• According to the Constitution, the Lieutenant Governor refers the matter to the President of India for a final decision.
• While waiting for the President's decision, if the Lieutenant Governor believes the matter is urgent, he can take immediate action as he deems necessary.

Example 4:

Scenario: Division of Delhi into electoral constituencies.

Explanation:

• The Parliament of India decides the total number of seats in the Delhi Legislative Assembly and the number of seats reserved for Scheduled Castes.
• Parliament also determines how Delhi is divided into different electoral constituencies.
• These decisions are made to ensure fair representation and are regulated by laws passed by Parliament.

Example 5:

Scenario: Legislative Assembly's power to make laws.

Explanation:

• The Delhi Legislative Assembly has the power to make laws on various subjects listed in the State List and Concurrent List, except for certain matters like public order, police, and land.
• For example, the Assembly can make laws on education, health, and transport within Delhi.
• However, if Parliament makes a law on the same subject, the law made by Parliament will take precedence over the law made by the Delhi Legislative Assembly.