Govt.Of Delhi Vs Lt.Governor : Summary of Supreme Court Judgment

"If a well deliberated legitimate decision of the Council of Ministers is not given effect to due to an attitude to differ on the part of the Lieutenant Governor, then the concept of collective responsibility would stand negated"- CJIIn a significant judgment, the Constitution Bench of the Supreme Court held that the Lieutenant-General of the Delhi had to act as per the aid and advise of the Council of Ministers of Delhi Government except in matters of land, police and public order. It held that the LG cannot interfere in each and every decision of the Delhi Government. Although decisions of the Government have to be communicated to the LG, there is no need to obtain the concurrence of LG in all matters. The Court also held that Delhi was not a 'State', and occupied a special status under the Constitution.There were three separate and concurring judgments. CJI Dipak Misra wrote judgment for himself and Justice A K Sikri and Justice A M Khanwilkar. Justice D Y Chandrachud and Justice Ashok Bhushan wrote separate but concurring judgments. Here is the summary of the judgments.Chief Justice of India Justice Dipak Misra (for himself and Justice A K Sikri and Justice A M Khanwilkar) Constitution has to be interpreted in such a manner to enhance its democratic spirit. The paradigm of representative participation by engagement of citizenry should not be annihilated by interpretation. In a democratic republic, collective is the supreme and the elected representatives reflects the will of the collective. Spirit of constitutional morality negates the concentration of power in the hands of a few. The decisions by Constitutional functionaries must have normative reasonability and acceptability. Principles of Constitutional governances have the twin principles of fiduciary nature of public power and system of checks and balances Parliamentary form of government is based on principle of collective responsibility of the cabinet. If a well deliberated legitimate decision of the Council of Ministers is not given effect to due to an attitude to differ on the part of the Lieutenant Governor, then the concept of collective responsibility would stand negated Our Constitution contemplates a meaningful orchestration of federalism and democracy to put in place an egalitarian social order, The Union and the State Governments must embrace a collaborative federal architecture by displaying harmonious coexistence and interdependence so as to avoid any possible constitutional discord. The Constitution has mandated a federal balance wherein independence of a certain required degree is assured to the State Governments. As opposed to centralism, a balanced federal structure mandates that the Union does not usurp all powers and the States enjoy freedom without any unsolicited interference from the Central Government with respect to matters which exclusively fall within their domain. The status of NCT of Delhi is sui generis, a class apart, and the status of the Lieutenant Governor of Delhi is not that of a Governor of a State, rather he remains an Administrator, in a limited sense, working with the designation of Lieutenant Governor. With the insertion of Article 239AA by virtue of the Sixtyninth Amendment, the Parliament envisaged a representative form of Government for the NCT of Delhi. The said provision intends to provide for the Capital a directly elected Legislative Assembly which shall have legislative powers over matters falling within the State List and the Concurrent List, barring those excepted, and a mandate upon the Lieutenant Governor to act on the aid and advice of the Council of Ministers except when he decides to refer the matter to the President for final decision. The interpretative dissection of Article 239AA(3) (a) reveals that the Parliament has the power to make laws for the National Capital Territory of Delhi with respect to any matters enumerated in the State List and the Concurrent List. At the same time, the Legislative Assembly of Delhi also has the power to make laws over all those subjects which figure in the Concurrent List and all, but three excluded subjects, in the State List A conjoint reading of clauses (3)(a) and (4) of Article 239AA divulges that the executive power of the Government of NCTD is coextensive with the legislative power of the Delhi Legislative Assembly and, accordingly, the executive power of the Council of Ministers of Delhi spans over all subjects in the Concurrent List and all, but three excluded subjects, in the State List. However, if the Parliament makes law in respect of certain subjects falling in the State List or the Concurrent List, the executive action of the State must conform to the law made by the Parliament. The Union of India has exclusive executive power with respect to the NCT of Delhi relating to the three matters in the State List in respect of which the power of the ...

Govt.Of Delhi Vs Lt.Governor : Summary of Supreme Court Judgment

Manu Sebastian

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