As per Article 239AA (3)(a) of the Constitution, the elected legislature has been empowered to make laws for the matters listed under List II (State List) and List III (Concurrent List), except for matters relating to entries 1 (public order); 2 (police); and 18 (land). However, sub-clause 3(b), gives an overriding power to the parliament, and states – ‘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’. This effectively means that the parliament has powers over and above the legislative powers of the Delhi Government as under clause (3)(a). Complimenting sub-clause (3)(b), (3)(c) further states that in a situation when a law in respect of the same subject has been passed by the legislative assembly and the Parliament, the law made by the Parliament would prevail in case of any inconsistency.
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