69th Amendment of the Indian Constitution

69th Amendment of the Indian Constitution: The Parliament of India has been given the power to amend the constitution of India under Article 368. With the exercise of this power, the Parliament of India, during the tenure of PV Narasimha Rao’s government, passed the 69th Constitution Amendment Act (69th CAA), 1991. The 69th Amendment Act accorded a special status to Delhi and made it the National Capital Territory of Delhi. Hence, the 69th Amendment is popularly called as Delhi Reorganization Act. The 69th Amendment Act of 1991 brought about significant changes in the status and governance structure of Delhi, transforming it into the National Capital Territory of Delhi. Under this Delhi Special Status Amendment, Delhi was granted special status. It established a legislative assembly consisting of 70 members and a council of ministers comprising 7 members to govern the territory.

In this article, we shall discuss the 69th Amendment of the Indian Constitution in detail including its history, need for the act, provisions, criticism, articles 239AA and 239BB

What is 69th Amendment of the Indian Constitution

69th Amendment Act of 1991 is a constitutional amendment act that accorded a special status to Delhi. It put the state of Delhi under the joint control of the lieutenant governor and chief minister in various matters. It also added Article 239AA of Indian Constitution. This Constitution (Sixty-ninth Amendment) Act, 1991 also kept the matters like land, police, and, public order out of the purview of the state legislature of Delhi.

Historical Context on the 69th Amendment of the Indian Constitution

The historical events that paved the way for Delhi to emerge as an important center are as follows:

• The British defeated Marathas in the Battle of Delhi in 1803.
• During, the revolt of 1857, the British captured the city as it was the main center of the revolt.
• In 1911, the capital of India was shifted from Calcutta to Delhi.
• In 1927, Delhi was renamed as New Delhi.
• When India became independent, New Delhi was declared to be the capital of India.
• 7th CAA and States Reorganization Act of 1956 carved Delhi from the Chief Commissioner’s Province of Delhi.
• 69th CAA designated Delhi as the National Capital Territory of Delhi.
• Today Delhi is known as the National Capital Region of Delhi.

Need for the 69th Amendment of the Indian Constitution

A need was felt to grant the NCT (national capital territory) status to Delhi and make it a state. Various factors that contributed to the enactment of the 69th Amendment of Indian Constitution, 1991 were:

• The findings of the Balakrishnan Committee, which was formed in 1987, strengthened the demand to make Delhi a state.
• The committee highlighted the overlapping of functions of various local bodies and recommended to establish a legislative assembly in Delhi.
• The committee also recommended granting power to the legislative assembly to make laws on subjects not mentioned in the state list, except land, police, and public order.

What is Article 239A?

Article 239AA of Indian Constitution deals with the special provisions related to the National Capital Territory of Delhi. It provides for the creation of a Legislative Assembly and a Council of Ministers for Delhi, granting it a special status among Union Territories in India. This Constitution (Sixty-ninth Amendment) Act, 1991 conferred a degree of autonomy and self-governance to Delhi

Provisions of 69th Amendment of the Indian Constitution

This act made the following provisions:

• It made the UT of Delhi as the Nation Capital Territory (NCT) of Delhi. The administrator appointed by the President for Delhi was to be called as Lieutenant Governor now onwards.
• It added an Article 239AA of Indian Constitution, according to which:
  • A legislative assembly was set up in Delhi. The members of this assembly were to be chosen by direct election from the territorial constituencies.
  • The total number of seats, division of NCT into territorial constituencies and the reservation of seats shall be done in accordance with the provisions made by the Parliament of India.
  • The provisions of article 324 – 327 and 329 shall be applicable to NCT in a manner in which they are applicable to other states.
  • Any reference to “appropriate legislature” in articles 324 – 327 and 329 shall be considered to be a reference to Parliament.
• The legislative will have the power to make laws on any subject mentioned in the state list and concurrent list except on the matters of land, police and public order.
• In case there is a conflict between the law made by legislative assembly and Parliament on the same matter, the law made by the Parliament shall prevail.
• In case the law made by the assembly has been reserved for consideration of President and receives the assent of President, then the law made by legislative assembly shall prevail. This does not take away the power of Parliament to amend, add or repeal the law made by the legislative assembly.
• Legislative assembly of NCT shall consist of council of ministers whose strength shall not exceed 10% of the total strength of legislative assembly.
• Chief Minister shall be the head of the council of ministers and CM along with his council of ministers shall aid and advise the Lieutenant Governor (LG) on matters on which the state legislative assembly can make laws except in the cases where LG has to act in his discretion.
• If there is a difference of opinion between the CM and LG, then LG can refer the matter to the President and act according to the advice given by the President. In case of delay in response from the President and urgency of the matter, LG can take an immediate action as he deem necessary.
• CM shall be appointed by the President and the council of ministers shall be appointed by the President on the advice of CM. CM and council of ministers shall hold the office during the pleasure of the President.
• Council of ministers shall be collectively responsible to the legislative assembly.
• All the provisions in the article 239B as applicable to UT of Pondicherry shall be applicable in same manner to the NCT.
• It also added an article 239AB which has provisions in the case of breakdown of constitutional machinery in the NCT:
  • If the President is satisfied on receiving a report from the LG of NCT:
    • that a situation has arisen in which the administration of the NCT cannot be carried on in accordance with the constitution, or
    • In order to carry on the administration of the NCT in accordance with the articles 239 and 239AA, President can suspend any provision of article 239AA and make certain incidental provisions as he may deem necessary.

Criticism of 69th Amendment of the Indian Constitution

69th amendment act has faced criticism due to various reasons such as:

• Delhi is the seat of the union or central government and it is not feasible to have two governments in Delhi. This is in contrast to the practices prevalent in the world such as in Washington, there is only one government under the mayor.
• Delhi is the place of Parliament, embassies, consulates and other important organisations. In order to ensure smooth functioning of these organisations, administration of Delhi cannot be handed over to two governments.
• Presence of two governments in a single region will lead to conflict of ideas and result in violation of law and order.
• It may not be possible to have good governance due to financial burden because of the expenditures by the two governments

Judicial Interventions by 69th Amendment of the Indian Constitution

• Central Government of India introduced the National Capital Territory of Delhi (Amendment) Bill, 2021 which aims to hand over the power regarding the administrative affairs of the Delhi to the LG of Delhi instead of the elected government or the Delhi Legislative Assembly.
• This matter was bought before the Supreme Court of India.
• SC ruled that the bill was not valid and upheld the right of Delhi government over the administrative affairs of the Delhi except the matters of public order, police and land.
• Recently in 2023, President of India issued an ordinance to bypass the rulings of the SC which took away the rights of Delhi government over the issue of administration and placed it in the hands of National Capital Civil Services Authority which consists of CM, chief secretary of Delhi and principal home secretary of Delhi.
• This Delhi Ordinance Bill was passed in both the houses of the Parliament.

Summary – 69th Amendment of the Indian Constitution

In recent times, 69th Amendment of Indian Constitution, 1991 has faced several criticisms and has been in the news due to frequent conflicts between the LG and the CM which led to the expedition of matter before the Supreme Court. It has resulted in loss of law and order in the region but still the amendment has its own significance. Presence of two governments can ensure the division of the work between them. It can also lead to healthy discussions which will benefit the people eventually. LG and state government should collaborate and cooperate with each other to make developments in the region and follow good governance practices instead of blaming each other for the issues and political agendas.

FAQs on 69th Amendment of the Indian Constitution

1. When was 69th Amendment of Indian Constitution passed?

69th Amendment Act was passed in 1991.

2. Who was the PM when 69th Amendment of Indian Constitution was passed?

PV Narsimha Rao was the PM of India when 69th Amendment was passed.

3. What was the new name of UT of Delhi after 69th Amendment of Indian Constitution, 1991?

UT of Delhi was designated as the National Capital Territory of Delhi (NCT) by the 69th Amendment Act.

4. Which subjects were kept out of the control of the state government in Delhi?

Subjects related to public order, police and land were kept out of the control of Delhi state government.

5. What is the strength of council of ministers in legislative assembly of Delhi?

Strength of council of ministers in Delhi cannot exceed 10% of the total strength of legislative assembly of Delhi.

6. What is the representative of Central Government called in Delhi?

Representative of Central Government is called Lieutenant Governor (LG) in Delhi.

7. Which two articles were added by 69th Amendment of Indian Constitution?

Articles 239AA and 239BB were added by 69th Amendment of Indian Constitution.

8. What is the total strength of legislative assembly of Delhi as fixed by the Parliament?

Currently, the total strength of legislative assembly of Delhi as fixed by the Parliament is 70.

References:

Sixty-ninth Amendment [www.india.gov.in]

239AA. Special provisions with respect to Delhi [http://constitutionofindia.etal.in/]

Constitution 69th Amendment Act [delhiassembly.nic.in/]