Delhi Battle: Elected government Vs Lt. Governor. - Seeker's Thoughts

Recent Posts

Seeker's Thoughts

For Clearing the Blur Spot.

Follow by Email

Delhi Battle: Elected government Vs Lt. Governor.

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, 2018. Download free Android App


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 Territory of Delhi) Act, 1991 and the corresponding TBR (Transaction of Business Rules), 1993 indicates that the Lieutenant Governor, being the Administrative head, shall be kept informed with respect to all the decisions taken by the Council of Ministers.
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.