construed by the Constitution Bench, and that the phrase limits the legislative power of NCTD.
24. However, reference has to be made to the concurring opinion of Justice Chandrachud in the 2018 Constitution Bench judgment, which dealt with the above phrase. It was held:
“Insofar as any such matter is applicable to Union Territories
460. In the State List and the Concurrent List of the Seventh Schedule, there are numerous entries which use the expression “State”. These entries are illustratively catalogued below: […]
461. Article 239-AA(3)(a) permits the Legislative Assembly of the NCT to legislate on matters in the State List, except for Entries 1, 2 and 18 (and Entries 64, 65 and 66 insofar as they relate to the earlier entries) and on the Concurrent List, “insofar as any such matter is applicable to Union Territories”. In forming an understanding of these words of Article 239-AA(3)(a), it has to be noticed that since the decision in Kanniyan right through to the nine-Judge Bench decision in NDMC, it has been held that the expression “State” in Article 246 does not include a Union Territory. The expression “insofar as any such matter is applicable to Union Territories” cannot be construed to mean that the Legislative Assembly of NCT would have no power to legislate on any subject in the State or Concurrent Lists, merely by the use of the expression “State” in that particular entry. This is not a correct reading of the above words of Article 239-AA(3)(a). As we see below, that is not how Parliament has construed them as well.
462. Section 7(5) of the GNCTD Act provides that salaries of the Speaker and Deputy Speaker of the Legislative Assembly may be fixed by the Legislative Assembly by law. Section 19 provides
that the Members of the Legislative Assembly shall
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