[…]193. In the above paragraphs, the opinion is expressed that all matters including those relatable to the State List and Concurrent List are available to the Legislative Assembly of Delhi except where an entry indicates that its applicability to the Union Territory is excluded by implication or by any express constitutional provision. The conclusion is, thus, that all entries of List II and List III are available to Legislative Assembly for exercising legislative power except when an entry is excluded by implication or by any express provision.
194. The majority opinion delivered by Dipak Misra, C.J. (as he then was) having not dealt with the expression “insofar as any such matter is applicable to Union Territories”, it is, thus, clear that no opinion has been expressed in the majority opinion of the Constitution Bench…” (emphasis supplied)
30. We are unable to agree with the view of Justice Bhushan in the 2019 split verdict. As indicated previously, the majority decision in the 2018 Constitution Bench judgement rendered a broad interpretation of Article 239AA(3)(a) to provide NCTD with vast executive and co-extensive legislative powers except in the excluded subjects. A combined reading of the majority opinion and the concurring opinions of Justice Chandrachud and Justice Bhushan indicates that the phrase “in so far as any such matter is applicable to Union Territories” does not restrict the legislative powers of NCTD.
31. While the 2018 Constitution Bench judgment provides sufficient clarity on the interpretation of the phrase “in so far as any such matter is applicable to Union Territories”, we find it necessary to deal with the arguments made by the Union of India that the phrase must be read in a restrictive manner to limit the legislative
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