Article 239AA is a constitutional provision inserted into the Constitution of India, which grants a special status to the Union Territory of Delhi, redesignating it as the National Capital Territory (NCT) of Delhi. It was created by the Constitution (Sixty-ninth Amendment) Act, 1991, which came into effect on February 1, 1992, following the recommendations of the S. Balakrishnan Committee. The provision was designed to solve the problem of Delhi, the nation's capital, lacking an elected government by establishing a unique quasi-federal structure.
The provision works by establishing a Legislative Assembly for the NCT and a Council of Ministers headed by a Chief Minister. Under Section 239AA(3)(a), the Assembly has the power to make laws on subjects in the State List and Concurrent List, with three crucial exceptions: Public Order, Police, and Land. The Council of Ministers is meant to aid and advise the Administrator, who is designated as the Lieutenant Governor (LG). A key mechanism is the proviso to Section 239AA(4), which mandates that in case of a difference of opinion between the LG and the Council of Ministers, the LG must refer the matter to the President for a decision.
This provision connects directly to the Government of National Capital Territory of Delhi (GNCTD) Act, 1991, which provides the statutory framework for the Assembly's functioning. It is a prime example of asymmetric federalism in India. The provision has seen significant recent change: in May 2023, the Supreme Court ruled in Government of NCT of Delhi v. Union of India that the elected government controlled administrative services. However, this was immediately superseded by the GNCTD (Amendment) Act, 2023, which restored control over 'services' to the LG and established the National Capital Civil Services Authority, effectively reversing the judicial interpretation on this matter.