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Sixty-ninth Amendment of the Constitution of India
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Sixty-ninth Amendment of the Constitution of India : ウィキペディア英語版
Sixty-ninth Amendment of the Constitution of India

The Sixty-ninth Amendment of the Constitution of India, officially known as The Constitution (Sixty-ninth Amendment) Act, 1991, designated the Union territory of Delhi as the National Capital territory of Delhi, and provided for the establishment of a Legislative Assembly and for a Council of Ministers with a Chief Minister to aid and advise the Lieutenant Governor of Delhi. The Amendment also empowers the Delhi Legislative Assembly to make laws on any of the matters enumerated in the State List or in the Concurrent List, in so far such matters are applicable to Union territories. The Amendment provides that, in case of any conflict between a law made by Parliament and made by the Assembly, the law enacted by Parliament will have supremacy, unless the law enacted by the Assembly has received assent from the President.
The 69th Amendment also empowers the President to, by order, suspend the operation of any of the provisions of article 239AA for such period as he thinks fit and thereby make incidental or consequential provisions as may be necessary for administering the territory, if he, upon receipt of a report from the Lieutenant Governor, is satisfied that a situation has arisen that the administration of the National Capital territory cannot be carried on in accordance with article 239AA or for the proper administration of the territory it is necessary or expedient to do so, then the President.
==Constitutional changes==

Section 1 of the 69th Amendment declares that the Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Section 2 inserted two new articles 239AA and 239AB in the Constitution.
Article 239AA provides that from the date its commencement, the Union territory of Delhi shall be called the National Capital territory of Delhi (hereinafter referred to as the National Capital territory) and its Administrator shall be designated as the Lieutenant Governor. Article 239AA(2) provides for a Legislative Assembly for the National Capital territory, the seats of which shall be filled by the members chosen by direct election from territorial constituencies in the National Capital territory. The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled Castes, the divisions of the National Capital territory into territorial constituencies and all other related matters of the Legislative Assembly shall be regulated by law made by Parliament. The provisions of articles 324 to 327 and 329 relating to elections shall apply in relation to the National Capital territory, the Legislative Assembly of the National Capital territory and the members thereof as they apply in relation to a State.〔
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 enumerated in the State List or in the Concurrent List in so far such matters are applicable to Union territories.〔 The article also prohibits the Assembly from making laws on matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2 and 18.〔(【引用サイトリンク】title=THE CONSTITUTION (AMENDMENT) )〕 Further, if any provision of a law made by the Legislative Assembly is repugnant to any provision of law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, then the law made by the Parliament shall prevail and the law made by the Legislative Assembly shall be void to the extent of its repugnancy. However, if any such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, then such law shall prevail. Article 239AA also makes provisions for a Council of Ministers with the Chief Minister to aid and advise the Lieutenant Governor. Newly inserted article 239AB provides that if on receipt of a report from the Lieutenant Governor, the President is satisfied that a situation has arisen that the administration of the National Capital territory cannot be carried on in accordance with article 239AA or for the proper administration of the National Capital territory it is necessary or expedient to do so, then the President may, by order, suspend the operation of any provisions or all provisions of article 239AA for such period as he thinks fit and thereby make incidental or consequential provisions as may be necessary for administering the National Capital territory.〔 〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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