(2)
(a) There shall be a Legislative Assembly for the National Capital Territory and the seats in such
Assembly shall be filled by members chosen by direct election from territorial constituencies in the National
Capital Territory.
(b) The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled
Castes, the division of the National Capital Territory into territorial constituencies (including the basis for such division) and all other matters relating to the functioning of the Legislative Assembly shall be
regulated by law made by Parliament.
(c) The provisions of articles 324 to 327 and 329 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 of a State and the members thereof respectively; and any
reference in articles 326 and 329 to “appropriate Legislature” shall be deemed to be a reference to
Parliament.
(3) (a) Subject to the provisions of this Constitution, 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 as any such matter is applicable to Union
territories except 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.
(b) Nothing in sub-clause (a)shall derogate from the powers of Parliament under this Constitution to
make laws with respect to any matter for a Union territory or any part thereof.
(c) If any provision of a law made by the Legislative Assembly with respect to any matter is repugnant
to any provision of a law made by Parliament with respect to that matter, whether passed before or after the
law made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative
Assembly, then, in either case, the law made by Parliament, or, as the case may be, such earlier law, shall
prevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void:
Provided that if any such law made by the Legislative Assembly has been reserved for the consideration
of the President and has received his assent, such law shall prevail in the National Capital Territory:
Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any
law with respect to the same matter including a law adding to, amending, varying or repealing the law so
made by the Legislative Assembly.
(4) There shall be a Council of Ministers consisting of not more than ten per cent. of the total number
of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant
Governor in the exercise of his functions in relation to matters with respect to which the Legislative
Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his
discretion:
Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers
on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the
decision given thereon by the President and pending such decision it shall be competent for the Lieutenant
Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take
immediate action, to take such action or to give such direction in the matter as he deems necessary.
(5) The Chief Minister shall be appointed by the President and other Ministers shall be appointed by
the President on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of
the President.
(6) The Council of Ministers shall be collectively responsible to the Legislative Assembly.
(7) (a) Parliament may, by law, make provisions for giving effect to, or supplementing the provisions
contained in the foregoing clauses and for all matters incidental or consequential thereto.
(b)Any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this
Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or
has the effect of amending, this Constitution.
(8) The provisions of article 239B shall, so far as may be, apply in relation to the National Capital
Territory, the Lieutenant Governor and the Legislative Assembly, as they apply in relation to the Union territory of 1
[Puducherry], the administrator and its Legislature, respectively; and any reference in that
article to “clause (1) of article 239A” shall be deemed to be a reference to this article or article 239AB, as
the case may be.