Constitutional text

(1) Notwithstanding anything in article 239 and 239A, there shall be a Legislative Assembly for the National Capital Territory... (3) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories except matters with respect to Entries 1, 2 and 18 of the State List [public order, police, land]...

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

Article 239AA was inserted following the 69th Amendment (1991) which gave Delhi a legislature and government, responding to long-standing demands for self-rule in the capital. The article has been the source of recurring constitutional conflict between the elected government of Delhi and the Union-appointed Lieutenant Governor. The Supreme Court in Government of NCT of Delhi v. Union of India (2018) held that the LG is bound by the advice of the Council of Ministers on matters within the Assembly's legislative competence. Parliament passed the Government of NCT of Delhi (Amendment) Act 2021 (GNCTD Act) to expand the LG's role, which the Supreme Court struck down in 2023.

Amendments

  • 69th Amendment (1991) — Inserted Article 239AA, granting Delhi a Legislative Assembly and Council of Ministers.

Key Supreme Court cases

Government of NCT of Delhi v. Union of India (2018) (2018)

Constitution bench held LG must act on Cabinet advice on subjects within Delhi Assembly's jurisdiction; LG has no independent decision-making authority.

Government of NCT of Delhi v. Union of India (2023) (2023)

Supreme Court held Delhi government has legislative and executive power over services (transfers and postings of officers); Parliament subsequently passed an amendment overturning this.

Related articles

Last reviewed: 3 July 2026