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2019 (2) TMI 1950 - SC - Indian LawsInterpretation of statute - Article 239AA of the Constitution of India - Status of National Capital Territory of Delhi (NCTD) - administration of NCTD, powers exercisable by and functions of the elected Government of NCTD (GNCTD) vis-a-vis the Central Government (or to put it more precisely, in juxtaposition to the Lieutenant Governor (LG) of GNCTD, as nominee of the President of India) - HELD THAT:- The word “services” used in the Act has been used in a manner of providing services for fire prevention and fire safety measures. The word “services” has not been used in a sense of constitution of a service. It is to be noted that fire service is a municipal function performed by local authority. Delhi Municipal Council Act, 1957 contains various provisions dealing with prevention of fire etc. Further fire services is a municipal function falling within the domain of municipalities, which has been recognised in the Constitution of India. Article 243(W) of the Constitution deals with functions of the municipalities in relation to matters listed in the 12th Schedule. Entry 7 of the 12th Schedule provides for “Fire Services” as one of the functions of the municipalities. The nature of the enactment and the provisions clearly indicate that Delhi Fire Services Act falls under Entry 5 of List II and not under Entry 41 of List II - The distribution of Legislative powers of State and the Parliament is provided under Articles 245 and 246 of the Constitution. Article 246 which provides for subject-matter of laws made by Parliament and by the Legislatures of States. It is relevant to notice that Article 246 clause (3) which provides for exclusive power to make laws for such State or any part thereof, uses the expression “with respect to any of the matters enumerated in List II in the Seventh Schedule”. The expression used in Article 239AA(3)(a) i.e. “in so far as any such matter is applicable to Union Territories” connotes different expression. There is a difference between the Legislative powers of the State and the Union Territories, which is apparent by use of different expressions in the Constitution. While inserting Article 239AA in the Constitution, the Parliament was well aware about the functioning of the Union Territories and extent and controls of powers to be given to the Union Territories by constitutional amendment. Entry 41 of List II of the Seventh Schedule of the Constitution is not available to the Legislative Assembly of GNCTD, there is no occasion to exercise any Executive power with regard to “Services” by the GNCTD, since the Executive power of the GNCTD as per Article 239AA(4) extend in relation to matters with respect to which Legislative Assembly has power to make laws. With regard to “Services” GNCTD can exercise only those Executive powers, which can be exercised by it under any law framed by the Parliament or it may exercise those Executive powers, which have been delegated to it. Application disposed off.
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