70th Constitutional Amendment Act, 1992 Introduction to the 70th Constitutional Amendment Act, 1992 When we talk about India’s Constituti...

70th Constitutional Amendment Act, 1992

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Introduction to the 70th Constitutional Amendment Act, 1992

When we talk about India’s Constitution, we often think of the big, iconic amendments that changed how our democracy works—like the 42nd Amendment (the mini-Constitution), the 44th Amendment, or the 73rd and 74th Amendments that empowered local bodies. But some amendments, though not as famous or flashy, play a deeply important role in shaping how our republic runs. The 70th Constitutional Amendment Act, 1992 is one such quiet but powerful amendment.

This Amendment didn’t make the front pages of newspapers back in the 90s. It didn’t spark controversy or mass debate. But it introduced key changes that strengthened India’s federal structure, improved representation, and clarified the powers and functioning of the National Capital Territory of Delhi.

The Amendment mainly deals with two major issues:

1. Giving Delhi and Puducherry MLAs the right to participate in the Presidential election; and

2. Clarifying the circumstances under which the Lieutenant Governor (LG) of Delhi can reserve a Bill passed by the Delhi Legislative Assembly for the consideration of the President of India.

These may sound like technical changes, but in governance, sometimes technical changes have huge consequences. The 70th Amendment was introduced at a crucial time when the political status of Delhi was shifting. The 69th Amendment (passed just a year earlier in 1991) had created the National Capital Territory of Delhi with an elected Legislative Assembly. But this sudden transition raised many questions: What powers does the Delhi Assembly actually have? How much control does the Centre still hold? When should the LG intervene? Do MLAs in Delhi and Puducherry matter in Presidential elections or not?

The 70th Amendment stepped in to answer these questions and provide clarity in a phase where the constitutional identity of Delhi was undergoing transformation.

In this blog post, we will break down the Amendment in simple language, understand why it was needed, what changes it introduced, how it impacted Delhi and Puducherry, and why it remains relevant even decades later.

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Historical Background Behind the 70th Amendment Act

To fully understand the 70th Amendment, we must step back to the early 1990s—a period of major constitutional and political change in India. The country was facing economic challenges, political instability, coalition governments, and the rise of regional parties. Around this time, the Government took up the issue of clarifying the governance structure of the Union Territories, especially Delhi.

Before the 69th Amendment came in 1991, Delhi did not have the kind of Assembly and Chief Minister it has today. It functioned like a typical Union Territory, directly administered by the President through an Administrator (later known as the Lieutenant Governor). However, Delhi was also India’s national capital, making it unique and complicated.

The 69th Amendment created:

• A Legislative Assembly for Delhi

• A Council of Ministers

• The post of Chief Minister

• Article 239AA and 239AB

• The special “National Capital Territory” status

But the 69th Amendment left some gaps. It was like building a house but forgetting to install a few doors and windows. For example:

• Should Delhi MLAs have a say in electing the President?

• Can the Delhi Assembly pass any law it wants?

• When is the LG allowed to stop a Bill and send it to the President?

• Does Delhi enjoy full statehood or limited powers?

• How does the Centre maintain control over issues of national importance?

These doubts created confusion in administration. Delhi had gotten a democratic setup, but a lot of grey areas remained. Meanwhile, Puducherry, another Union Territory with a Legislature, also faced similar gaps.

So the 70th Amendment Act of 1992 came to solve these issues, ensure clarity, and make the governance of UTs-with-legislatures smoother and constitutionally consistent.

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Why Was the 70th Constitutional Amendment Needed?

Let’s break down the main reasons that made the 70th Amendment necessary.

1. Delhi and Puducherry MLAs Were Excluded from Presidential Elections

The President of India is elected by an Electoral College consisting of:

• Elected MPs, and

• Elected MLAs of States

But MLAs of Union Territories—even those with functioning Legislative Assemblies like Delhi and Puducherry—were excluded.

This felt unfair because:

• Delhi had a population larger than many States

• Puducherry also had democratic representation

• Their MLAs were equally elected by people

• Yet they had no role in choosing the President

This imbalance needed correction.

2. The 69th Amendment Created Delhi's Assembly — But Didn’t Define the LG’s Powers Fully

The 69th Amendment created Delhi’s new governance model, but it wasn’t clear:

• When can the LG reserve a Bill passed by Delhi Assembly?

• Can LG stop any Bill?

• What about subjects like police, land, and public order?

• Can Delhi pass laws that contradict Union laws?

This lack of clarity could easily create conflict between the elected government of Delhi and the LG.

3. Centre Needed Clarity on Controlling the National Capital

Since Delhi is the national capital, the central government must maintain control over issues like:

• Law and order

• Police

• Land

• Diplomatic areas

• National institutions

The 70th Amendment clarified mechanisms for this control without undermining Delhi’s elected government.

4. To Strengthen the Democratic Structure of the Country

The President is the head of the nation. For democratic legitimacy:

• All elected representatives should have a say

• Delhi and Puducherry MLAs represent millions

• Excluding them weakened the fairness of the Electoral College

The 70th Amendment fixed this imbalance.

5. To Avoid Future Legal Conflicts

Courts in India often have to interpret governance issues involving UTs. The Amendment ensured:

• Less confusion

• Clearer boundaries

• Reduced legal disputes

These reasons made the 70th Amendment essential.

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Main Objectives of the 70th Constitutional Amendment Act, 1992

The Amendment aimed to achieve two main goals:

1. Inclusion of Delhi and Puducherry MLAs in the Electoral College for the Presidential Election

This required amending:

• Article 54

• Article 55

The Amendment expanded the Electoral College by allowing MLAs from these UTs to participate.

2. Defining the Powers of the Lieutenant Governor in Respect of Bills Passed by Delhi Assembly

This involved modifying:

• Article 239AA

• Article 239AB

It clarified:

• Which Bills the LG can reserve

• Which Bills must be reserved

• What powers Delhi Assembly has

• How the Centre remains in control on critical subjects

These were the central goals of the Amendment.

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What Exactly Did the 70th Constitutional Amendment Change?

Let’s now break down the exact constitutional changes introduced by this Amendment.

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Changes Made to Article 54 – Election of the President

Before the Amendment, Article 54 included:

• Elected MPs

• Elected MLAs of States

But MLAs of Union Territories were not included, even if those UTs had Assemblies.

After the Amendment, Article 54 was revised to include:

• Elected members of the Legislative Assemblies of Delhi and Puducherry

This brought greater democratic representation and fairness to the Presidential election process.

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Changes Made to Article 55 – Manner of Election of the President

Article 55 deals with how votes are calculated.

Each MLA’s vote has a specific value based on the formula:

$$\text{Population of State or UT} \div \text{Number of MLAs}$$

This Article was expanded so that:

• MLAs of Delhi

• MLAs of Puducherry

also receive a calculated vote value, just like State MLAs.

This made the Electoral College more representative.

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Changes to Article 239AA – Powers of Delhi Assembly & LG

This was an important change. The 70th Amendment clarified when the LG can step in and reserve Bills passed by the Delhi Assembly.

The LG can reserve a Bill:

• If it contradicts Union laws

• If it deals with subjects outside Delhi’s powers

• If it affects the powers of the High Court

• If the Bill may impact national interest

• If the Bill concerns matters reserved for the Centre

• If the Bill relates to land, police, or public order

This ensured that Delhi cannot pass laws on sensitive subjects that are fundamental for the country’s capital.

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Changes to Article 239AB – Emergency Provisions in Delhi

Article 239AB deals with breakdown of constitutional machinery in Delhi.

The 70th Amendment clarified:

• How the President can take control

• What happens to Delhi's Assembly

• How the LG must act

• How Parliament makes laws for Delhi during this time

This Article works like Article 356, but specifically for Delhi.

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The Amendment’s Role in Strengthening the Federal Structure

One of the important achievements of the 70th Amendment was strengthening India’s federal structure. Here’s how it helped.

1. It Ensured Proper Representation

By including Delhi and Puducherry MLAs in Presidential elections, the Amendment restored balance and fairness.

2. It Made UTs With Assemblies a Part of National Democracy

States were the only ones voting earlier. Now UTs like Delhi and Puducherry gained recognition as democratic units.

3. It Clarified the Role of the Centre and UT Governments

Delhi is not a full State, but neither is it a typical UT. The Amendment clarified how federalism applies to Delhi’s unique status.

4. It Prevented Constitutional Confusion

Earlier, Delhi’s Assembly powers were undefined. Now, they became structured.

5. It Improved Coordination Between Centre and Delhi

National interest issues could now be handled better.

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Impact of the 70th Amendment on Delhi’s Governance System

The Amendment deeply influenced Delhi’s modern governance model. Many changes we see in Delhi politics today trace their roots to this Amendment.

1. More Democratic Participation

Delhi MLAs represent millions of people. Allowing them to vote in Presidential elections was a huge democratic step.

2. Clarity in Passing of Bills

The Delhi Assembly now knows:

• What it can pass

• What it cannot

• When a Bill must go to the President

This reduced confusion.

3. Balance Between Centre and State Functions

Delhi got autonomy on many local matters.
But the Centre retained control on sensitive issues.

4. Prevented Overstepping of Authority

Delhi cannot pass laws threatening national security or central interests.

5. Strengthened the Office of LG

The LG’s power became clearer, which prevented administrative disputes (although political disputes still continue).

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Impact on Puducherry

The Amendment benefited Puducherry in other ways too:

• Its MLAs began voting in Presidential elections

• It gained equal democratic recognition as Delhi

• Its governance became constitutionally clearer

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Criticisms of the 70th Constitutional Amendment

No Amendment is perfect. The 70th Amendment also received criticism.

1. Delhi Still Lacks Full Statehood

Delhi wants:

• Control of police

• Control of land

• Full legislative powers

But the Amendment did not give these powers.

2. Excessive Power with LG

Some argued that:

• LG’s power to reserve Bills

• LG’s authority in conflict situations
  reduced the autonomy of the elected government.

3. No Clear Timeline for LG’s Decisions

This sometimes slowed governance.

4. Political Conflicts Still Happened

In the years after the Amendment, Delhi saw repeated conflicts between:

• Delhi Government

• LG

• Central Government

5. Puducherry Also Has Disputes

The UT also faces issues where the LG and CM clash over administrative control.

Despite these criticisms, the Amendment still served an important role.

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Long-Term Constitutional Significance

The Amendment has long-term importance in these ways:

1. Ensured Representation in National Electoral System

Presidential elections became more inclusive.

2. Stabilized Delhi’s Governance

With clear rules, governance became smoother.

3. Helped Supreme Court Interpret Delhi’s Powers

Many landmark judgments in 2018 and 2023 refer to the Amendment.

4. Balanced Union and Regional Interests

Delhi remained both democratic and centrally supervised.

5. Created a Model for Future UT Governance

Other UTs look to Delhi and Puducherry for governance models.

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Conclusion

The 70th Constitutional Amendment Act, 1992 stands as a powerful reminder that constitutional progress doesn’t always come through massive changes. Sometimes, small clarifications and adjustments strengthen democracy more than dramatic transformations.

By:

• Including Delhi and Puducherry MLAs in Presidential elections

• Clarifying the powers of Delhi’s Legislative Assembly

• Strengthening the responsibilities of the Lieutenant Governor

• Ensuring national interest protection

• Improving federal balance

the 70th Amendment played a crucial role in the evolution of India’s constitutional landscape.

It quietly shaped the political identity of Delhi and Puducherry, and even today, its influence can be seen in court decisions, national debates, and the functioning of the capital city.