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PART I I.Scope of Legislative and Executive Power between the Union and NCTD

78. Article 239AA(3)(a) indicates 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, except for entries 1, 2, and 18 of the State List, and entries 64, 65 and 66 insofar as they relate to the entries 1, 2, and 18. Therefore, the legislative power of NCTD is limited to entries it is competent to legislate on.

79. Article 239AA(3)(b) provides that Parliament can “make laws with respect to any matter” for a Union Territory or any part of it. Therefore, the legislative power of Parliament shall extend to all subjects in the State List and the Concurrent List in relation to NCTD, besides of course the Union List. In case of a repugnancy between a law enacted by Parliament and a law made by Legislative Assembly of NCTD, the former shall prevail in terms of Article 239AA(3)(d).

80. The position that emerges from Article 239AA(3) is that NCTD has legislative power over entries in List II with limits (as excluded by the provision) but Parliament’s legislative power extends to subjects in all three lists relation to NCTD. As noted previously, the scope of division of legislative and executive powers between the Union and NCTD fell for the consideration in the 2018 Constitution Bench judgment. Interpreting Article 239AA(4), the 2018 Constitution Bench judgment held that the executive power of GNCTD was co-extensive with the legislative power of NCTD.

81. Article 73(1) of the Constitution stipulates that the executive power of the Union shall extend to matters with respect to which Parliament has the power to