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july 2023

Supreme Court of India · 2023-07-20

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI vs UNION OF INDIA

Citation / case number
SC 2023/25700
Court
Supreme Court of India
Petitioner
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
Respondent
UNION OF INDIA
Author
HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court examined the validity of the Delhi Government (Amendment) Ordinance, 2023, enacted under Article 123 of the Constitution, which amended the GNCTD Act, 1991, to enhance the legislative powers of the Parliament over Delhi. The Court analyzed whether the Ordinance was within the scope of the Constitution, particularly Articles 239A and 239K, and whether it infringed upon the autonomy of the Delhi Legislative Assembly. The Court upheld the Ordinance, emphasizing the special status of Delhi as the national capital and the Parliament's authority to legislate on its affairs. The judgment affirms the constitutional framework governing the governance of Delhi and the Parliament's overriding powers in this context.

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI vs UNION OF INDIA · Niyam