69th Constitutional Amendment Act, 1991

The Constitution (Sixty-ninth Amendment) Act, 1991, is a landmark amendment that fundamentally transformed the governance structure of Delhi, India’s National Capital Territory (NCT). It introduced a unique constitutional framework balancing the local democratic aspirations of Delhi’s citizens with the Union Government’s need to safeguard national interests, given Delhi’s status as the capital city.

Historical Background of 69th Constitutional Amendment Act, 1991

Delhi has always held a unique position in India’s political landscape. Before independence, it was the seat of the British government in India, and post-independence, it became the capital of the Republic of India. However, Delhi’s administrative status evolved considerably over time.

• Part C State (1951): Under the Government of Part C States Act, 1951, Delhi functioned as a Part C state with a 48-member Legislative Assembly and a Council of Ministers advising a Chief Commissioner appointed by the Centre.
• States Reorganisation (1956): The States Reorganisation Act, 1956 abolished Part C states and re-designated Delhi as a Union Territory under direct presidential administration. This led to the dissolution of Delhi’s Legislative Assembly and Council of Ministers.
• Municipal Corporation (1957): To address local civic needs, the Delhi Municipal Corporation was created through Parliamentary legislation.
• Metropolitan Council (1966): The Delhi Administration Act, 1966 established the Metropolitan Council with elected and nominated members. However, this body had purely advisory powers and no legislative authority.

Over the years, there was growing demand among Delhi’s residents for a legislature with real law-making powers to address the city’s unique challenges.

Genesis and Objectives of the 69th Amendment

In response to these demands, the Government of India set up the Balakrishnan Committee in 1987 to examine the constitutional status and governance of Delhi. The Committee recommended against full statehood for Delhi, citing national security and administrative concerns, but proposed a “sui generis” arrangement that would confer partial statehood through a Legislative Assembly and Council of Ministers.

Acting on these recommendations, Parliament enacted the 69th Constitutional Amendment in 1991. The Amendment came into force on 1 February 1992, establishing Delhi as the National Capital Territory of Delhi (NCT) with a special constitutional status.

The core objectives were:

• To grant Delhi an elected legislature and government for local self-governance.
• To retain central government control over critical subjects such as public order, police, and land.
• To create a balanced framework preserving both local autonomy and national sovereignty.

Key Provisions of the 69th Amendment

The Amendment inserted Articles 239AA and 239AB into the Constitution, laying down Delhi’s special governance model.

Article 239AA: Special Provisions for NCT of Delhi

• National Capital Territory (NCT): Redesignates Delhi as the NCT of Delhi.
• Legislative Assembly: Establishes a Legislative Assembly with up to 70 members directly elected by Delhi’s citizens. Parliament determines the delimitation and reservation of constituencies.
• Council of Ministers: Constitutes a Council of Ministers headed by a Chief Minister, appointed by the President on the advice of the Assembly.
• Legislative Powers: The Assembly has power to make laws on subjects enumerated in the State and Concurrent Lists of the Seventh Schedule except the subjects of:
  • Public order (Entry 1, State List)
  • Police (Entry 2, State List)
  • Land (Entry 18, State List)
• Along with these, entries 64, 65, and 66 (related to offences, courts, and fees concerning the excluded entries) are also excluded.
• Executive Powers: Executive authority on the matters within the Assembly’s competence is vested in the NCT government.
• Lieutenant Governor (LG): The LG, appointed by the President, is the Administrator of the NCT and exercises discretionary powers, including the power to promulgate ordinances when the Assembly is not in session.
• Dispute Resolution: In case of disagreements between the LG and the Council of Ministers, the matter may be referred to the President whose decision is final.

Article 239AB: Failure of Constitutional Machinery

• Provides that if the governance in the NCT cannot be carried out per Article 239AA, the President may suspend the application of Article 239AA wholly or partially.
• The President may assume direct control and promulgate necessary laws for administration during this period.

Institutional Framework Under the Amendment

Legislative Assembly

• Composition: Up to 70 MLAs elected directly by Delhi’s citizens.
• Functions: Responsible for enacting laws on subjects under its jurisdiction, approving budgets, and holding the Council of Ministers accountable.
• Limitations: Cannot legislate on excluded subjects (public order, police, land), and Assembly laws are subordinate to Parliamentary legislation.

Council of Ministers

• Headed by the Chief Minister, who leads the executive branch in Delhi.
• Appointment: Ministers are appointed by the President based on the Chief Minister’s advice and hold office during the President’s pleasure.
• Functions: Formulate and execute policies on devolved subjects and assist the LG in governance.

Lieutenant Governor

• Acts as the representative of the Union Government.
• Exercises powers including promulgation of ordinances, control over services, and administration of excluded subjects.
• Holds a key role in resolving disputes between the elected government and the Union.

Financial Administration

• Delhi’s finances flow through the Consolidated Fund of the NCT.
• All expenditure requires Assembly appropriation, ensuring fiscal accountability.
• The Comptroller and Auditor General audits these accounts.

Distribution of Powers Between Union and NCT Governments

The Amendment carefully balances powers:

• Delhi Government: Legislates and administers on most State and Concurrent List subjects applicable to Union Territories.
• Union Government: Retains overriding authority and exclusive control over critical subjects such as public order, police, and land.
• This ensures national sovereignty and security are preserved while granting Delhi a degree of autonomy.

Judicial Interpretations and Landmark Judgements Related to 69th Constitutional Amendment Act, 1991

The amendment’s provisions have been subject to judicial scrutiny, particularly regarding the scope of LG’s powers and the legislative competence of the Assembly.

2018 Constitutional Bench

• Clarified that the LG must generally act on the aid and advice of the Council of Ministers, except in exceptional cases.
• Emphasised that the LG’s discretionary powers cannot be exercised arbitrarily or routinely.
• Allowed the LG to refer disputes to the President.

2019 Split Bench

• Examined whether “services” (Entry 41, State List) related to police and land fall within the Assembly’s competence.
• Delivered a split verdict on this issue, but upheld the Assembly’s authority in several other matters such as regulatory directions and appointments.

2023 Five-Judge Bench

• Held that general services (such as IAS and other administrative cadres) fall under the Assembly’s jurisdiction, but services integral to excluded subjects (e.g., IPS) do not.
• Reaffirmed the sui generis nature of Delhi’s constitutional status.
• Emphasised cooperative federalism and the need for harmonious Centre–NCT relations.

Conclusion

The Constitution (Sixty-ninth Amendment) Act, 1991 stands as a pioneering experiment in India’s federal structure. It provides Delhi with democratic governance while protecting the Union’s paramount interests as the national capital. Its success depends on clear constitutional understanding, judicial guidance, and cooperative governance between the Centre and the NCT Government.