CREATION OF LEGISLATURE FOT UT
- January 8, 2021
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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CREATION OF LEGISLATURE FOT UT
Subject : Polity
Concept :
- Article 239 A(1) of the Indian Constitution states that a Parliament through law can enact a body that can function as a Legislature for the Union Territory of Puducherry consisting of:
- elected or partly elected or partly nominated persons,
- or can make a body consisting of the Council of Ministers,
- or can create both of these with the constitutional powers and functions vested to the Parliament.
- This provision was not part of the Constitution of India, 1950. It was inserted by the Constitution (Fourteenth Amendment) Act, 1962.
Special Provisions with respect to Delhi
- They are added by Constitution (69th Amendment) Act, 1991,
- Special provisions are enshrined for the creation of Legislature under Article 239 AA of the Constitution with regards to Delhi.
- Clause (2)(a) of Article 239 AA further also states that a Legislative assembly will be formed in the NCT of Delhi whose members will be selected by the process of direct election from territorial constituencies.
- The total number of members, the reservation of the members of the Scheduled Castes, the division of National Capital Territory into territorial various constituencies.
- The basis for dividing NCT of Delhi into constituencies and all other such matters relating to the functioning of the Legislative Assembly are under the direct supervision and control of the Parliament as stated in Clause (2)(b) of Article 239AA.
- The Legislative Assembly is also empowered to make laws for matters listed in the State List and the Concurrent List except Land , Law & Order ( Entries 1, 2 & 18 of the State List).