Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine.
Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine.
Subject: Indian Polity
The Supreme Court's landmark judgment of July 2018 attempted to resolve the constitutional deadlock between Delhi's elected government and Lieutenant Governor by establishing clear boundaries of administrative authority in the National Capital Territory of Delhi.
Key Aspects of the Supreme Court Judgment
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The judgment established that the Lt. Governor is bound by the aid and advice of the Council of Ministers except in matters of public order, police, and land.
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It emphasized the principles of cooperative federalism and constitutional morality, stating that the LG cannot act as an obstructionist.
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The ruling streamlined the decision-making process by clarifying that the Delhi government only needs to inform the LG of its decisions rather than seeking prior concurrence.
Challenges in Implementation
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The introduction of the GNCTD Amendment Act, 2021 has created new complications by mandating the LG's opinion before executive action.
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Continued disputes over control of services and civil servants led to further litigation, resulting in the May 2023 Supreme Court verdict.
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Political tensions persist due to differing interpretations of constitutional provisions and administrative jurisdiction.
Way Forward for Resolution
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Need for establishing clear Standard Operating Procedures (SOPs) for consultation between the LG and elected government.
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Implementation of a robust dispute resolution mechanism to address administrative conflicts.
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Strengthening institutional frameworks for better center-state coordination in Delhi's unique administrative setup.
The judgment's effectiveness in settling the political tussle depends on the willingness of both parties to respect constitutional boundaries and work collaboratively. The path forward lies in strengthening democratic governance while maintaining Delhi's special status as the national capital, as exemplified by the recent withdrawal of cases challenging the LG's authority and the establishment of clearer administrative protocols through the 2023 Supreme Court verdict.
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