The relationship between the Lt. Governor and the elected government of Delhi has been a constant source of contention, with a perpetual political tussle over the division of powers and responsibilities. The Supreme Court, as the highest judicial authority in the country, is often looked upon to provide a definitive resolution to this protracted dispute. The question of whether a Supreme Court judgment can effectively settle the political impasse between the Lt. Governor and the elected government of Delhi is a complex and multifaceted issue. On one hand, the Supreme Court possesses the authority to interpret the constitutional provisions and delineate the powers of both entities, potentially offering a clear and unambiguous roadmap for their functioning. However, the intricacies of the federal structure, coupled with the need to balance executive powers, make the task challenging. Examining past instances of similar conflicts and the Court’s responses can provide insights into the effectiveness of judicial interventions in resolving such disputes. Additionally, considering the political context and the potential for differing interpretations of constitutional provisions, it becomes crucial to assess whether a Supreme Court judgment can not only settle the immediate discord but also establish a lasting framework for harmonious coexistence between the Lt. Governor and the elected government of Delhi. This examination requires a nuanced understanding of constitutional principles, legal precedents, and the practical implications of judicial decisions on the intricate dynamics of governance in the National Capital Territory.
Tag: Structure, organization, and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
Decoding the Question:
- In the Introduction, try to mention briefly the status of Delhi (Article 239 AA).
- In Body,
- Briefly write about the political tussle between the Lt. Governor and the elected government of Delhi.
- Discuss Supreme Court Judgement and its impact.
- Suggest some measures to reduce future conflict.
- In Conclusion, try to write the overall impact of the judgment.
Answer:
Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through the 69th Constitutional amendment by the Parliament, thereby providing the Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers to deal with matters of concerns to the common man. That’s when Delhi was named as National Capital Region (NCT) of Delhi. If there is a difference of opinion between LG and Council of ministers, the matter shall be referred to the President of India.
Political Tussle Between the Lt. Governor and Elected Government of Delhi:
- There is co-existence of Article 239 and 239AA of the Indian Constitution, which leads to jurisdictional conflict between the government of NCT and the Lieutenant Governor who acts as representative of the Union government.
- According to the Union government, Article 239 empowers the Lieutenant Governor to act independently of his Council of Ministers.
- As per the State government, Article 239AA of the Constitution bestows special status to Delhi of having its own legislatively elected government.
- The Delhi Chief Minister had accused Lieutenant Governor (LG) for taking decisions of an elected government and delaying work several times.
Supreme Court Judgement and its Importance:
- Delhi cannot be accorded the status of a State. LG will be advised by the Union government on the matters of public order, police and land.
- For remaining subjects, L-G has no “independent decision-making power” and has to act on the aid and advice of the elected government. e.g. health, education, PDS, transport, etc.
- The Council of Ministers must keep him informed of all the decisions.
- However, LG concurrence is not required for decisions taken by the Delhi Council of Ministers.
- When a difference of opinion arises on “any matter”, the L-G can’t take a decision or force a decision on the cabinet. He has to refer such matters to the President of India.
- But, LG should not act mechanically without applying mind and forwarding every decision of the Council of Ministers to the President of India.
- In other words, L-G must work “harmoniously” with the ministers and not seek to “resist them every step of the way”.
- None of this will apply to Puducherry because it’s governed under Article 239A.
Unaddressed Areas in the Judgement:
- According to the judgment, LG should be bound to act on the aid and advice except in the case of Land, Public Order, and the Police. But Public Order is a very wide connotation; it may lead to overlapping executive powers and conflicts.
- The court did not clearly delineate the issues in respect of which the LG can refer a decision taken by the Council of Ministers to the President in the event of a difference of opinion between the LG and the State government.
- The authority of appointment and jurisdiction of services (bureaucracy) is still not clear, which may create future conflicts.
Measures to Resolve Future Conflicts: India can adopt the Washington DC model of sharing of power between the Federal Government and State, in which only the strategic areas and buildings are under the effective control of the federal government and the rest of the areas are under the jurisdiction of the State.
The noble principles of democracy and deliberation have been worded by the Supreme Court in this case, which provide ample amount of guiding light to settle the power tussle. But the solution to political tussle between the Lt. Governor and elected government of Delhi lies in discarding the anarchist or absolutist approach, focus on working harmoniously, settling disputes by discussion and keeping the interest of people above narrow political interest.
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