“The Articles 239AA and 239AB are being ultra vires to the basic structure of Indian constitution because they create structures which is neither a State nor a UT (Union Territory) and go against the basic concept of federalism,” the PIL, filed by lawyer Gaurav Kumar Bansal, said.
The petition also said “while the Constitution talks only of states as the primary unit of the Union, with a small area being placed among the UTs which possibly were found not fit to be governed through separate states and/or needed to be governed directly by the Union, these Articles 239AA and 239AB create such constitutional entities which are neither states nor UTs and are hence a structure completely unknown in the Indian constitution”.
The PIL further states that the features of Articles 239AA and 239AB are creating a large number of complexities and inherent contradictions which go against the basic structure of federalism.
Article 239AB and Article 239AA are special provisions with respect to Delhi and deal with powers of legislatures, council of Ministers etc.
