Section 1 Short title and commencement.
(1) This Act may be called the Government of NationalCapital Territory of Delhi Act, 1991.
(2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any referencein any such provision to the commencement of this Act shall be construed as a reference to the cominginto force of that provision.
Section 2 Definitions.
In this Act, unless the context otherwise requires,
(a) "article" means an article of the Constitution;
(b) "assembly constituency" means a constituency provided under this Act for the purpose ofelections to the Legislative Assembly;
(c) "Capital" means the National Capital Territory of Delhi;
(d) "Election Commission" means the Election Commission referred to in article 324;
(e) "Legislative Assembly" means the Legislative Assembly of the National Capital Territory ofDelhi;
(f) "Scheduled Castes", in relation to the Capital, means such castes, races or tribes or parts of orgroups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes inrelation to the Capital.
Section 3 Legislative Assembly and its composition.
(1) The total number of seats in the LegislativeAssembly to be filled by persons chosen by direct election from territorial constituencies shall be seventy.
(2) For the purpose of elections to the Legislative Assembly, the Capital shall be divided intosingle-member assembly constituencies in accordance with the provisions of Part III in such manner thatthe population of each of the constituencies shall, so far as practicable, be the same throughout theCapital.
(3) Seats shall be reserved for the Scheduled Castes in the Legislative Assembly, and the number ofseats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in theAssembly as the population of the Scheduled Castes in the Capital bears to the total population of theCapital and the provisions of article 334 shall apply to such reservation.
Explanation.In this section, the expression population means the population as ascertained in thelast preceding census of which the relevant figures have been published:
1[Provided that the reference in this Explanation to the last preceding census of which the relevantfigures have been published shall, until the relevant figures for the first census taken after the year 2026have been published, be construed as a reference to the 2001 census:]
2[Provided further that any readjustment in the division of the Capital into territorial constituencies bythe Delimitation Commission under the Delimitation Act, 2002 (33 of 2002) on the basis of 2001 censusshall take effect from such date as the Central Government may, by order, published in the OfficialGazette, specify and until such readjustment takes effect, any election to the Legislative Assembly may beheld on the basis of the territorial constituencies existing before such readjustment.]
Section 4 Qualifications for membership of Legislative Assembly.
A person shall not be qualified to bechosen to fill a seat in the Legislative Assembly unless he
(a) is a citizen of India and makes and subscribes before some person authorised in that behalfby the Election Commission an oath or affirmation according to the form set out for the purpose inthe Schedule;
(b) is not less than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any lawmade by parliament.
Section 5 Duration of Legislative Assembly.
The Legislative Assembly, unless sooner dissolved, shallcontinue for five years from the date appointed for its first meeting and no longer, and the expiration ofthe said period of five years shall operate as a dissolution of the Assembly:
Provided that the said period may, while a Proclamation of Emergency issued under clause (1) ofarticle 352 is in operation, be extended by the President by order for a period not exceeding one year at atime and not extending in any case beyond a period of six months after the Proclamation has ceased tooperate.
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