With reference to the constitutional and governance framework of Union Territories in India, consider the following statements:
- Delhi was granted a legislative assembly with powers over State and Concurrent List subjects through the 69th Constitutional Amendment Act, which also introduced Article 239AA.
- Unlike Delhi, the Lieutenant-Governor of Puducherry has no discretionary powers under any statutory or constitutional provision, and is fully bound by the aid and advice of the Council of Ministers in all circumstances.
- Under Article 240, the President can make regulations for Puducherry even when its legislature is functional, whereas in Delhi, President's rule can be imposed only under Article 239AB if governance fails.
Select the correct answer using the codes below:
Explanation: Statement 1 is correct — Delhi was granted NCT status through the 69th Constitutional Amendment Act, 1991, introducing Article 239AA, which provides for a legislative assembly with powers over State and Concurrent List subjects except public order, police, and land. Statement 2 is incorrect — the Supreme Court in K. Lakshminarayanan v. Union of India (2019) clarified that Puducherry's LG is bound by the aid and advice of the Council of Ministers, but with exceptions in certain cases; thus discretionary powers are not entirely absent. Statement 3 is incorrect — Article 240 empowers the President to make regulations for UTs like Puducherry only when the legislature is not functional, not when it is in session. In Delhi, Article 239AB allows imposition of President's rule if governance fails.
Explanation: Statement 1 is correct — Delhi was granted NCT status through the 69th Constitutional Amendment Act, 1991, introducing Article 239AA, which provides for a legislative assembly with powers over State and Concurrent List subjects except public order, police, and land. Statement 2 is incorrect — the Supreme Court in K. Lakshminarayanan v. Union of India (2019) clarified that Puducherry's LG is bound by the aid and advice of the Council of Ministers, but with exceptions in certain cases; thus discretionary powers are not entirely absent. Statement 3 is incorrect — Article 240 empowers the President to make regulations for UTs like Puducherry only when the legislature is not functional, not when it is in session. In Delhi, Article 239AB allows imposition of President's rule if governance fails.