Ruling Delhi

Why in news?

The Supreme Court has held that the Lieutenant-Governor (L-G) is bound by the “aid and advice” of the Government in Delhi.

What is the case on?

• The judgment comes on appeals filed by the NCT government.
• The appeal was against a 2016 verdict of the Delhi High Court.
• It declared that the L-G has complete control of all matters regarding the NCT of Delhi.
• It said that nothing would happen without the concurrence of the L-G.

What is the tussle?

• Though seen as a Union Territory, Delhi was created as a separate category.
• It had an elected Assembly with powers to enact laws.
• It could legislate on matters falling under the State and Concurrent lists.
• However, public order, police and land were exceptions to the above.
• The provisions gave Delhi a status higher than other UTs.
• The demand for full statehood has been around for many years now. Click here to know more on the issue

What is the present ruling?

• Conflict - In case of any dispute, the L-G should straightaway refer it to the President.
• Clearly, L-G cannot delay, sitting over the dispute, for a final decision.
• Also, it cannot be a reason to hamper the governance.
• L-G - L-G has not been entrusted with any independent decision-making power.
• The L-G must work harmoniously with the Ministers.
• S/he has to act on the ‘aid and advice’ of the Council of Ministers.
• Otherwise, s/he he is bound to implement the decision taken by the President.
• Reference - SC cautioned the L-G against sending every “trivial” dispute to the President.
• The power to refer “any matter” to the President no longer means “every matter”.
• It has indicated that it could encompass substantial issues of finance and policy.
• Notably, this should have an impact upon the status of the national capital or implicate vital interests of the Union.

What is the rationale?

• SC followed the 1987 Balakrishnan Committee report to conclude that Delhi is not a State.
• The report said that Delhi as the national capital belonged to the nation as a whole.
• Delhi could not have a situation of having two Governments run by different political parties.
• Such conflicts may, at times, prejudice the national interest.
• The report said the control of the Union over Delhi was vital in the national interest.
• It said the ‘aid and advice’ concept cannot apply to any judicial or quasi judicial functions.
• It would apply only in matters where the Legislative Assembly has the powers to make laws.
• The L-G has a more active part in the administration than the Governor of any State.
• However, differences of opinion would be decided by the President.

What is the significance?

• The controversies over the arbitrary withholding of Cabinet decisions may end.
• The verdict clarifies an elected government cannot be undermined by an unelected administrator.
• It restores the primary role played by the representative government in Delhi.
• The verdict establishes constitutional morality and trust among high functionaries.

Source: The Hindu