Roadmap for Answer Writing 1. Introduction Briefly introduce the 42nd Amendment Act of 1976. Mention its significance during a politically turbulent period and its pivotal role in reshaping the Indian Constitution. State that the Act introduced several major reforms, some of which have had ...
Model Answer Introduction The 69th Constitutional Amendment Act of 1991 was a pivotal development in Indian constitutional law, granting special status to the National Capital Territory (NCT) of Delhi through the introduction of Articles 239AA and 239AB. This amendment aimed to address Delhi’s uniquRead more
Model Answer
Introduction
The 69th Constitutional Amendment Act of 1991 was a pivotal development in Indian constitutional law, granting special status to the National Capital Territory (NCT) of Delhi through the introduction of Articles 239AA and 239AB. This amendment aimed to address Delhi’s unique administrative needs while ensuring efficient governance.
Body
Essentials of the 69th Constitutional Amendment Act
- Legislative Assembly for Delhi: The Act established a democratically elected Legislative Assembly for Delhi, empowering it to legislate on subjects in the State List and the Concurrent List, with the exception of three critical subjects: public order, police, and land.
- Role of the Lieutenant Governor (LG): Designated as the Administrator, the LG, appointed by the President of India, is responsible for ensuring the execution of laws and constitutional provisions in Delhi.
- Council of Ministers: The Act allows for a Council of Ministers, led by the Chief Minister, responsible for advising the LG on administrative matters, except those falling under the Union Government’s jurisdiction.
- Special Provisions for Delhi: Recognizing Delhi’s status as the national capital, Article 239AA(3)(b) grants the President the power to legislate on matters concerning public order, police, and land.
Anomalies and Conflicts
- Ambiguity in Powers: The Act’s lack of clarity regarding the division of powers between the LG and the Council of Ministers has led to disputes and confusion.
- Overlapping Jurisdiction: The provision allowing the LG to refer disagreements with the Council of Ministers to the President has resulted in frequent conflicts.
- Day-to-Day Administration: The Act does not explicitly define the LG’s role in daily governance, leading to disagreements between the LG and the Delhi Government.
Impact on Indian Federal Politics
The conflicts stemming from the 69th Amendment reveal complexities within India’s federal structure, particularly concerning Union Territories. These tensions may set new precedents in Indian federal politics, emphasizing the necessity for clearly defined roles for elected representatives and constitutional authorities.
Conclusion
The 2018 Supreme Court judgment clarified the respective roles and powers of the LG and the Delhi Government, asserting that the LG must act on the advice of the Council of Ministers. This decision promotes cooperation between the two entities and could serve as a model for governance in other Union Territories.
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Model Answer Introduction The 42nd Amendment Act of 1976 was a landmark moment in India's constitutional development, enacted during a period of political unrest. It introduced significant reforms that reshaped the nation's legal and political framework, influencing the evolution of democratic goverRead more
Model Answer
Introduction
The 42nd Amendment Act of 1976 was a landmark moment in India’s constitutional development, enacted during a period of political unrest. It introduced significant reforms that reshaped the nation’s legal and political framework, influencing the evolution of democratic governance in India.
Positive Reforms
Negative Aspects
Significance in Shaping Constitutional Landscape
Conclusion
The 42nd Amendment left a controversial but lasting legacy on India’s constitutional framework. Its impact sparked debates and legal battles, leading to reforms that balanced executive power, judicial independence, and the protection of individual rights in the years that followed.
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