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PART C

receive salaries and allowances as determined by the Legislative Assembly by law. Section 43(3) similarly provides that the salaries and allowances of Ministers shall be determined by the Legislative Assembly. However, Section 24 provides that a Bill for the purpose has to be reserved for the consideration of the President. Parliament would not have enacted the above provisions unless legislative competence resided in the States on '''the above subject. The subjects pertaining to''' the salaries and allowances of Members of the Legislature of the State (including the Speaker and Deputy Speaker) and of the Ministers for the State are governed by Entry 38 and Entry 40 of '''the State List. The GNCTD Act recognizes the''' legislative competence of the Legislative Assembly of NCT to enact legislation on these '''subjects. The use of the expression “State” in''' these entries does not divest the jurisdiction of '''the Legislative Assembly. Nor are the words of''' Article 239-AA(3)(a) exclusionary or disabling in nature.

463. The purpose of the above narration is to indicate that the expression “State” is by itself not conclusive of whether a particular provision of the Constitution would apply to Union Territories. Similarly, it can also be stated that the definition of the expression State in Section 3(58) of the General Clauses Act (which includes a Union Territory) will not necessarily govern all references to “State” in the Constitution. If there is something which is repugnant in the subject or context, the inclusive definition in Section 3(58) will not apply. This is made clear in the precedent emanating from this Court. In certain contexts, it has been held that the expression “State” will not include Union Territories while in other contexts the definition in Section 3(58) has been applied. Hence, the expression “insofar as any such matter is applicable to Union Territories” is not one of exclusion nor can it be considered to be so irrespective of subject or context.”

(emphasis supplied)

It is evident that the concurring opinion held that the phrase “insofar as any such matter is applicable to Union Territories” is an inclusive term, and “not one of