Home The Constitution Part VIII Article 239AA

Art. 239AA Part VIII: The Union Territories

Special Provisions for the National Capital Territory of Delhi

Exact text — Constitution of India

(1) As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall be called the National Capital Territory of Delhi... and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor.

(2) There shall be a Legislative Assembly for the National Capital Territory... (3)(a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories except matters with respect to Entries 1, 2 and 18 of the State List [i.e. public order, police, and land] and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2 and 18.

(4) There shall be a Council of Ministers... to aid and advise the Lieutenant Governor in the exercise of his functions... in relation to matters with respect to which the Legislative Assembly has power to make laws...

In Plain English

What this Article actually means

Added by the 69th Amendment in 1991, this Article gives Delhi a unique, hybrid status — not a full state, but far more autonomous than an ordinary Union Territory. Its elected Legislative Assembly and Chief Minister-led Council of Ministers can make laws and govern on most State List and Concurrent List subjects, EXCEPT three specifically excluded areas: public order, police, and land — which remain with the Union government through the Lieutenant Governor.

Why This Matters To You

How it shows up in everyday life

This Article is the source of the recurring, often publicly visible tension between Delhi's elected government and the Lieutenant Governor — disputes over exactly how much the LG's 'aid and advice' from the Council of Ministers actually binds them have reached the Supreme Court multiple times.

Landmark Cases

How courts have interpreted this Article

Government of NCT of Delhi v. Union of India(2018) 8 SCC 501 — Held the Delhi Council of Ministers' 'aid and advice' generally binds the Lieutenant Governor on matters within the Assembly's law-making power (i.e. outside the three excluded subjects), reinforcing the elected government's real authority within its domain. Verify this case

Read alongside this one

Art. 239ab — Failure of Constitutional Machinery in Delhi Art. 239 — Administration of Union Territories

Frequently Asked

Quick answers about Article 239AA

Why doesn't Delhi have full statehood despite having its own government?

As the national capital, Delhi's unique security and administrative needs (particularly control over police, public order and land, given the presence of central government institutions) led the framers and later amendments to keep those three subjects with the Union, rather than granting full statehood.

← PreviousArticle 239A: Creation of Local Legislatures or Council of Ministers for Certain Union Territories Next →Article 239AB: Provision in Case of Failure of Constitutional Machinery

The text above reproduces Article 239AA of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.