Introduction- National Capital Territory of Delhi
has been a region of conflict in recent times. The democratically elected
government - AAP or Aam Admi Party's leader Mr. Arvind Kejariwal and the administrator
of center Lt. Governor often locked horns with one another.
The matter went to high court initially and the High
court ruled in favor of Union Government. The ruling party took matter to the Supreme
Court. The five judge bench has delivered its verdict on the matter in July,
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What is the matter?
Delhi is a special category of Union territory,
which holds important place for central government as well. The present ruling party often felt that major
decisions taken by them were being hampered with Lt. Governor because the Lt.
Governor claimed that he had the authority to refer any matter to the
president.
The Court Verdict and Clarity - The court reaffirms the constitutional
provisions—
1. By the insertion of Articles 239AA
and 239AB read with the provisions of the GNCTD (Government of National Capital
2. The “the terminology ‘send a copy
thereof to
the Lieutenant Governor’, ‘forwarded to the Lieutenant
Governor’, ‘submitted to the Lieutenant Governor’ and ‘cause to be furnished to
the Lieutenant Governor’ employed in the said rules leads to the only possible
conclusion that the decisions of the Council of Ministers must be communicated
to the Lieutenant Governor but this does not mean that the concurrence of the
Lieutenant Governor is required”.
3. No place for absolutism and anarchy.
4. Special powers of the Lt. Governor
will remain that means that the powers
of the Lt Governor under Article 239AA (4) to differ with the decisions of the
Council of Ministers and refer the matter to the President are same.
5. The Lt. Governor has to ordinarily act
on the aid and advice of the council of ministers.
6. Union government will control
subjects- Land, Police and Public Order.
7. Delhi government remains the main
authority of administration.
Conclusion – Delhi holds a crucial in country. The harmony between democratically
elected government and central government should be maintained. The division of
power is needed, the court has tried to do so.
