Delhi Statehood Bill, 2016 draft released

Delhi Chief Minister Arvind Kejriwal on 18 May 2016 released the draft of State of Delhi Bill, 2016. The bill seeks to establish the State of Delhi as the 30th State in the country.

The proposed State will comprise the territories of the existing National Capital Territory of Delhi. At present, NCT Delhi is one of the seven Union Territories of the country.

Highlights of Delhi Statehood Bill, 2016 draft

• It seeks to repeal the Government of National Capital Territory of Delhi Act, 1991 that formed the National Capital Territory of Delhi by replacing Union Territory of Delhi.

• Areas demarcated under the New Delhi Municipal Council (NDMC) and the Delhi Cantonment Board would remain beyond the legislative and administrative control of the proposed Delhi State.

• Delhi Development Authority and Municipal Corporations of Delhi will be accountable to the State administration.

• The bill seeks to replace the term Lieutenant Governor with Governor. He would act on the aid and advice of the Council of Ministers as provided in Article 163 of the Constitution.

• Delhi Police will be made accountable to the elected Government of Delhi.

• The New Delhi area which is under the control of the NDMC will be under the Union Government for matters of law, order and land while the remaining areas will be under the Delhi State.

Related Constitutional Provisions

Article 2: Admission or establishment of new States: Parliament may by law admit into the Union, or establish, new States on such terms and conditions, as it thinks fit

Articles 239AA and 239BB

• These two articles were inserted through the Constitution (69th Amendment) Act, 1991.

• The Article 239AA confers special status to the NCT Delhi. Unlike a normal Union Territory, it is provided with a Legislative Assembly and a council of ministers responsible to such Assembly. Apart from Delhi, Puducherry is the only other union territory that has a legislative assembly and council of ministers.

• It provides for National Capital a special status among the Union territories. Except law and order and land, the Assembly has the powers to legislate on all the major subjects.

• The Chief Minister shall be appointed by the President and the other ministers shall be appointed by the President on the advice of the Chief Minister.

• The ministers shall hold office during   the pleasure of the President.

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