mentioned in Article 239AA(3)(a), subject to the limitations in Article 73. Furthermore, if the Lieutenant Governor differs with the Council of Ministers of GNCTD, he shall act in accordance with the procedure laid down in the Transaction of Business Rules. However, if Parliament enacts a law granting executive power on any subject which is within the domain of NCTD, the executive power of the Lieutenant Governor shall be modified to the extent, as provided in that law. Furthermore, under Section 49 of the GNCTD Act, the Lieutenant Governor and the Council of Ministers must comply with the particular directions issued by the President on specific occasions.
96. Now, we turn to the present reference before us regarding the scope of the legislative and executive powers of NCTD and the Union over “services” under Entry 41 of the State List. Based on the discussion in this section, NCTD shall have legislative power to make laws on “services”. This is because “services” (that is, Entry 41) is not expressly excluded in Article 239AA(3)(a). As it has legislative power, it shall have executive power to control “services” within NCTD. However, we will need to address the argument of the Union of India that the provisions of the Constitution exclude “services” from the legislative and executive control of NCTD to form a conclusive opinion on the issue. The subsequent sections of this judgment deal with the above questions.
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