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PART O 163. The division of administrative powers between the Union and the NCTD as explained in this section must be respected.

O. Conclusion

164. In view of the discussion above, the following are our conclusions:

a. There does not exist a homogeneous class of Union Territories with similar governance structures;

b. NCTD is not similar to other Union Territories. By virtue of Article 239AA, NCTD is accorded a “sui generis” status, setting it apart from other Union Territories;

c. The Legislative Assembly of NCTD has competence over entries in List II and List III except for the expressly excluded entries of List II. In addition to the Entries in List I, Parliament has legislative competence over all matters in List II and List III in relation to NCTD, including the entries which have been kept out of the legislative domain of NCTD by virtue of Article 239AA(3)(a);

d. The executive power of NCTD is co-extensive with its legislative power, that is, it shall extend to all matters with respect to which it has the power to legislate;

e. The Union of India has executive power only over the three entries in List II over which NCTD does not have legislative competence;