Supreme Court on GNCTD vs LG

The 5-judge constitution bench, headed by Chief Justice of India DY Chandrachud on May 11 ruled unanimously in favour of Delhi government on the issue of who controls the bureaucracy in the national capital. The Supreme Court ruled that the Delhi legislature has control over bureaucrats in administration of services, except in areas outside the legislative powers of the National Capital Territory (NCT): public order, police and land are under legislative domain of the Central Government.

The Constitution Bench has also accepted that the Lieutenant Governor is to act on the aid and advice of the Council of Ministers in all his acts, except those functions where the Lieutenant Governor is permitted to exercise his own discretion,”.

As per article 239AA shall have the power to make laws for the whole or any part of the NCT with respect to any of the matters in the State List or Concurrent List in so far as any such matter is applicable to Union territories” except on the subjects of police, public order, and land.

The seventh schedule under Article 246 of the Constitution deals with division of powers between the union and the states. It contains three lists Union List, State List and Concurrent List.

The Union List details the subjects on which the Parliament may make laws while, state list details those subjects which are under the purview of state legislatures. The Concurrent list on the other hand has subjects in which both Parliament and state legislatures have jurisdiction.

However the Constitution provides federal supremacy to Parliament on concurrent list items in case of a conflict.

LEARNING FROM HOME/ WITHOUT CLASSES/ BASICS

It was in 1991 that Delhi was given a fully elected legislative assembly and a responsible government through a constitutional amendment(69th Amendment Act); (Art 239AA and Art 239AB)

The Act conferred the Union Territory of Delhi with a special status, and redesignated it as the ‘National Capital Territory of Delhi’ and designated its administrator as the Lieutenant Governor (LG). 

UNION TERRITORYCAPITALADMINISTRATOR
Andaman &NicobarPort BlairLt. Governor
ChandigarhChandigarhAdministrator
Dadra & Nagar HaveliSilvassaAdministrator
Daman & DiuDamanAdministrator
Delhi(National Capital Territory)DelhiLt. Governor
LakshadweepKavarattiAdministrator
PuducherryPuducherryLt. Governor

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