Crucially, the Court flagged the fact that neither the 2018 Constitution Bench judgment nor the 2023 Constitution Bench judgment, both of which concerned the power tussle between the LG and the elected government in Delhi, dealt with the interpretation of Article 239-AA(7) of the Constitution.
Article 239-AA(7) empowers Parliament to make laws for giving effect to or supplementing the provisions contained in Article 239AA, which governs and guides the administration of Delhi.
The apparent conflict between 239-AA(7)(a) and 239-AA(7)(b), dealing with the nature of law-making power towards Delhi’s constitutional structure of governance, needs to be resolved, the apex court emphasised.
“While Article 239-AA(7)(a) states that the law must only give effect to or supplement the provisions of Article 239-AA, Article 239-AA(7)(b) states that the law shall not be deemed an amendment to the Constitution even if it has the effect of amendingArticle 239-AA.A primary reading of Article 239-AA(7)(a) indicates that the law shall not alter the existing constitutional structure envisaged for NCTD in Article 239-AA. However, a prima facie reading of Article 239-AA(7)(b) denotes that the law enacted under Article 239-AA(7)(a) could alter the existing constitutional structure of governance of NCTD.”
Source: Barandbench
