representative democracy similar to the Legislative Assembly of the State. The members of the Legislative Assembly of NCTD are selected by the electorate of
Delhi to represent their interests. Article 239AA must be interpreted to further the principle of representative democracy.[1] To interpret the phrase “insofar as any such matter is applicable to Union territories” in a restrictive manner would limit the legislative power of the elected members of the assembly. The members of the Legislative Assembly have been chosen by the electorate to act in their stead. Thus, the legislative competence of NCTD must be interpreted to give full impetus to the will of the electorate.
64. We find that the phrase ‘insofar as any such matter is applicable to Union Territories’ in Article 239AA(3) cannot be read to further exclude the legislative power of NCTD over entries in the State List or Concurrent List, over and above those subjects which have been expressly excluded by the provision.
G. “Subject to the provisions”: A limitation?
65. It has been emphasized by the Union of India that Article 239AA not only restricts the powers of the Legislative Assembly of NCTD through the phrase “insofar as any such matter is applicable to Union Territories” but also through the restrictive phrase of “Subject to the provisions of this Constitution”.
66. The phrase “Subject to the provisions of this Constitution” is not unique to Article 239AA. It has been used in twenty-two provisions of the Constitution. Notably, the phrase has also been used in the provisions dealing with the
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- ↑ See Justice Chandrachud’s opinion in the 2018 Constitution Bench
