Context:
The Supreme Court referred the Delhi Government’s challenge against a Central ordinance to a Constitution Bench.
About Article 239AA:
- Inserted by – 69th Constitutional Amendment Act 1991.
- Recommended by – Balakrishnan Committee
- Provides – Special status to the National Capital Territory of Delhi (NCT)
- Delhi shall have – An Administrator and a Legislative Assembly.
- Provides for Legislative Assembly of Delhi that can legislate on matters in State & Concurrent List except – State List:
- Entry 1 – Public Order
- Entry 2 – Police
- Entry 18 – Land
- Delhi also cannot legislate on Entries 64, 65 and 66 of State List so far as they relate to Entry 1, 2 and 18.
- Difference of opinion between the Lieutenant Governor (LG) and the ministers, the matter shall be referred to the President for a decision.
Article 239AB (Provision in case of failure of constitutional machinery in NCT of Delhi): President after receiving report of LG may suspend operation of Article 239AA or any law made under Article 239AA for one year.
About Constitution Bench:
- A bench of the Supreme Court having 5 or more judges on it.
- Set up to decide cases based on the interpretation of the Constitution.
- Situation for its existence – Article 145(3):
- Cases involving substantial questions of law on the Constitution’s interpretation
- References under Article 143
Article 143 of the Indian Constitution empowers the President to seek the Supreme Court’s opinion on important matters concerning public welfare, but the advice given by the Court is not binding on the President and does not become ‘law declared by the Supreme Court’.
Source: The Hindu
Consider the following statements:
Statement-I:
The Supreme Court of India has held in some judgments that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration.
Statement-II:
Article 335 of the Constitution of India defines the term ‘efficiency of administration’.
Which one of the following is correct in respect of the above statements?
[UPSC Civil Services Exam – 2023 Prelims]
- Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
- Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
- Statement-I is correct but Statement-II is incorrect
- Statement-I is incorrect but Statement-II is correct
