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PART C executive), the nature of democratic participation or the extent of accountability of those entrusted with governance to their elected representatives…”

(emphasis supplied)

16. Thus, it is evident from the 2018 Constitution Bench judgment that the constitutional status of NCTD is not similar to other Union Territories, which are covered under Part VIII of the Constitution.

17. The judgment of the majority in the 2018 Constitution Bench decision underscores the importance of interpreting the Constitution to further democratic ideals. It was held:

“284.1. While interpreting the provisions of the Constitution, the safe and most sound approach for the constitutional courts to adopt is to read the words of the Constitution in the light of the spirit of the Constitution so that the quintessential democratic nature of our Constitution and the paradigm of representative participation by way '''of citizenry engagement are not annihilated. The''' courts must adopt such an interpretation which glorifies the democratic spirit of the Constitution.” (emphasis supplied)

Therefore, in adjudicating the present dispute, it becomes imperative to adopt an interpretation which upholds the spirit of the unique constitutional democratic mandate provided to the Government of NCTD by the inclusion of Article 239AA.

(b) Legislative and executive power of NCTD

18. Article 239AA(3)(a) stipulates that the Legislative Assembly of Delhi shall have the power to make laws for the whole or any part of NCTD with respect to matters in the State List and the Concurrent List “insofar as any such matter is