Tussle for Control of “Services” – Ultimate Saga of Never-Ending Battle of Federalism Between Union and GNCTD
by Swarnendu Chatterjee† and Megha Saha††
by Swarnendu Chatterjee† and Megha Saha††
On 19-5-2023, the Ministry of Law and Justice notified the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 giving back
In the spirit of cooperative federalism, the Union must exercise its powers within the boundaries created by the Constitution. NCTD, having a sui generis federal model, must be allowed to function in the domain charted for it by the Constitution. The Union and NCTD share a unique federal relationship. It does not mean that NCTD is subsumed in the unit of the Union merely because it is not a “State”.
Supreme Court said that NCTD like other states also represents the representative form of government, the involvement of Union of India in the administration of NCTD is limited by Constitution provisions and any further expansion will be contrary to the constitutional scheme of governance.
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