Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Government of National Capital Territory of Delhi (Amendment) Ordinance 2023: Constitutional validity of – Preamble to the NCT Ordinance 2023 states that Parliament has exclusive and plenary jurisdiction with respect to the national capital in view of Arts 239-AA(3)(b) and 239-AA(7) – NCT Ordinance inserting s. 3A in the GNCTD Act which amends Article 239-AA |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Constitution of India Government of National Capital Territory of Delhi (amendment) Ordinance 2023 (19 of 2023) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | Government of Nat ional Capital Terri tory of Delhi(Amendment) Ordinance 2023: Constitutional validity of – Preambleto the NCT Ordinance 2023 states that Parliament has exclusiveand plenary jurisdiction with respect to the national capital in viewof Arts 239-AA(3)(b) and 239-AA(7) – NCT Ordinance inserting s.3A in the GNCTD Act, which amends Article 239-AA, stipulatingthat the Legislative Assembly shall have the power to enact laws asprescribed in Art 239-AA, except with respect to Entry 41 of List IIof the Seventh Schedule – NCT Ordinance also establishes a newscheme for the distribution of executive power over services betweenthe Union of India and the Government of NCTD – Held: It is to bedecided if the exercise of the power of the Parliament to enact alaw granting the Union of India executive power over services isvalid – Furthermore, an apparent conflict between Art. 239 AA(7)(b)and 239 AA(7)(a), as regards the nature of law making power visà-vis NCTD’s constitutional structure of governance,not consideredin the Constitution Bench judgmentsof 2018 and 2023 – In viewthereof, the questions, as to what are the contours of the power ofParliament to enact a law u/Art. 239-AA(7); and whether Parliamentin the exercise of its power u/Art. 239-AA(7) can abrogate theconstitutional principles of governance for NCTD, referred to theConstitution Bench – Reference to larger Bench – Government ofNational Capital Territory of Delhi Act. 1991 – s. 3A – Constitutionof India – Art. 239AA, 239-AA(3)(a), 239-AA(3)(b), 239-AA(7)(a),239-AA(7)(b) and Entry 41 of List II of Seventh Schedule. |
Judge | N/A |
Neutral Citation | 2023 INSC 635 |
Petitioner | Government Of National Capital Territory Of Delhi |
Respondent | Union Of India & Ors. |
SCR | [2023] 10 S.C.R. 493 |
Judgement Date | 2023-07-20 |
Case Number | 678 |
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