112. In the backdrop of the above discussion on the necessity to provide the control of “services” to GNCTD, we consider the next argument of the Union of India that Part XIV does not envisage “services” for Union Territories.
K.Balakrishnan Committee Report
113. The Union of India relied on the report of the Balakrishnan Committee which led to the 1991 Constitution Amendment and the insertion of Article 239AA to argue that “services” are not available to Union territories. The Statement of Objects and Reasons of the Amending Act referred to the Committee’s Report:
“Statement of Objects and Reasons The question of reorganisation of the administrative set-up in the Union Territory of Delhi has been under the consideration of the Government for some time. The Government of India appointed on 24-12-1987 a Committee [Balakrishnan Committee] to go into the various issues connected with the administration of Delhi and to recommend measures inter alia for the streamlining of the administrative set-up. The Committee went into the matter in great detail and considered the issues after holding discussions with various individuals, associations, political parties and other experts and taking into account the arrangements in the National Capitals of other countries with a federal set-up and also the debates in the Constituent Assembly as also the reports by earlier Committees and Commissions. After such detailed inquiry and examination, it recommended that Delhi should continue to be a Union Territory and provided with a Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers to deal with matters of concern to the common man. The Committee also recommended that with a view to ensure stability and permanence the arrangements should be incorporated in the Constitution to give the National Capital a special status among the Union Territories.
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