DELHI – LIEUTENANT GOVERNOR AS HEAD BY MONISHA ACHARYA @LEXCLIQ

INTRODUCTION
Delhi is a Capital state of India, which is a union territory also. This state LT. Governor have more power than Chief Minister. As Lok Sabha have passed the bill OF GNCT OF DELHI ACT 2021. Where more teeth to L.T Governor and have put down the power of the government of Delhi.
There had been conflict of Jurisdictional power between the L.T Governor and Delhi Elected Government.

HISTORY –
IN India there are total 8 Union Territories after Jammu & Kashmir, Ladhak got divided. In these Union Territories, few state are appointed with Lieutenant governor I.e. –
DELHI
PUDYCHERRY
ANDAMAN & NICOBAR,
In case of Delhi and Pudycherry – they have chief minister and L.T Governor both.
So that they can see government over there is working properly or not.
Governor of the state is a nominal head of the state but real power are in hands of chief minister only , but in case of Lieutenant Governor he is the constitutional head of the union territory and he have so many power.
L.T Governor are appointed by President of India for the tenure of 5 years.

IN RECENT TIMES –
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) BILL 2021 IS PASSED –

FEATURES OF THIS BILL-
Whenever we talk about the Delhi it means we ar talking about Lieutenant Governor of Delhi.
Lieutenant Governor Opinion is very crucial in matters related to any executive action to be taken for council of minister decision.
This bill also state that rules made by Delhi Legislative Assembly must be consistent with the rules of procedure and conduct of business in Lok Sabha.

The legal controversy between Delhi Government and Lieutenant Governor have always been in question –

Due to the co-existence of Article 239 and 239AA, there is a jurisdictional conflict between the government of NCT and the Union Government and its representative, the Lieutenant Governor.
According to the Union government, New Delhi being a Union Territory Article 239 empowers the Lieutenant Governor to act independently of his Council of Ministers.
However, the state government of Delhi held that the Article 239AA of the Constitution bestows special status to Delhi of having its own legislatively elected government.
This creates a tussle around the administrative powers of the LG and state government of NCT of Delhi.

THE JUDGEMENT OF –
GNCT OF DELHI v. UNION OF INDIA & OTHERS also known as Delhi v. LG CASE (2018)
In this supreme court of India mentioned that Lieutenant Governor is only an Administrative head his powers are limited. And he have to take advise of Council of Minister in every matter expect matters related to Land , Police and Public Order.
In this case decision made was – that Lieutenant Governor cannot interfere with all the decisions made by Delhi Government.
SO, the bill passed in Lok Sabha is stated as against the decision made by Supreme Court in above mentioned case. This bill gives the more power to Lieutenant Governor.

Conclusion
Therefore we can say that for the development of the State there is a need to work together and if the difference in the opinion arise then L.T Governor and NCT of Delhi Government should act in constitutional morality and trust for each other.
It will also provide for rules made by the Legislative Assembly of Delhi to be “consistent with the rules of the House of the People” or the Lok Sabha.

 

 

Monisha Acharya

An aspiring lawyer in process.

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