Q11. Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine.

Model Answer:

Introduction

The political tussle between the Lieutenant Governor (LG) of Delhi and the elected Delhi government has long been a contentious issue, with disputes over who holds the ultimate authority in the governance of Delhi. The Supreme Court's July 2018 judgement was aimed at clarifying the powers of the LG and the Delhi government, hoping to resolve this ongoing power struggle.

Body

Background of the Dispute:

  1. Dual Governance Structure: Delhi operates under a special status as a Union Territory with a Legislative Assembly, where certain powers are vested with the elected government and others with the LG, as outlined in Article 239AA of the Constitution.
  2. Tensions Between LG and Delhi Government: Frequent conflicts arose between the Delhi government (led by the Chief Minister) and the LG over decision-making authority, particularly regarding subjects like land, law and order, and services.

Supreme Court’s July 2018 Judgment:

  1. Primacy of the Elected Government: The Court ruled that while Delhi is a Union Territory, the elected government holds primacy over all matters except for land, police, and public order, which remain under the LG’s authority.
  2. Collaborative Governance: The Court emphasised the need for collaborative governance, where the LG is required to act in accordance with the aid and advice of the Council of Ministers in most matters. The LG cannot act independently except in matters related to reserved subjects.
  3. Limits to LG’s Powers: The judgement explicitly stated that the LG is bound by the aid and advice of the elected government and should not refer all matters to the President unless they are of significant national importance.

Analysis of the Judgment’s Impact:

  • Clarification of Roles: The judgement provided much-needed clarity on the roles and powers of the LG and the Delhi government, reinforcing the concept of democratic governance and the importance of respecting the mandate of the people.
  • Reduced Scope for Arbitrary Decisions: By limiting the LG’s discretionary powers, the judgement seeks to prevent arbitrary delays in the functioning of the Delhi government, ensuring smoother governance.
  • Continued Tensions: Despite the judgement, the tussle between the two entities has not fully subsided. Issues over control of the services sector, for instance, have led to further litigation. The Delhi Services Ordinance of 2023, which grants greater control over the bureaucracy to the LG, continues to be a matter of dispute.

Conclusion

‍While the Supreme Court’s July 2018 judgement made significant strides in clarifying the division of powers between the LG and the Delhi government, the political tussle may not be fully resolved due to inherent complexities in Delhi’s governance model. Continued efforts to harmonise relations and legal interventions may be necessary to achieve lasting resolution.

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