LUCID MAINS CURRENT AFFAIRS 2018
- DELHI LIEUTENANT GOVERNOR ISSUE
WHY TO FOCUS?
- There has been a crisis between Lieutenant Governor, bureaucracy and elected representatives of Government.
- The crisis was based on 2 issues.
- The power and jurisdiction of the government in relation to LG.
- The extend of the power of LG to differ with the elected government on issues and referring them to President.
- Supreme Court verdict – Delhi is not a full-fledged State and though Lieutenant Governor is not a titular head, he is bound by advice of Council of Ministers except land police and public order.
WHY DELHI LG MORE POWERFUL?
- As Delhi is the seat of government.
- Delhi LG has executive power regarding public order, land and police where as others don’t have such a provision.
- Delhi acting on the basis of Government of National Capital Territory to Delhi Act 1991.
- Others acting on the basis of Government of Union Territory Act 1963.
HISTORY OF DELHI ADMINISTRATION
- From 1950 -1956
- Was a Part C State headed by Chief Commissioner
- From 1956 -1991
- Union Territory governed by President through an administrator under Article 239 of the Constitution.
- From 1991 – till date
- Started with 69th Amendment in 1991, which enacted Article 239 AA of the Constitution with directly elected legislature and Cabinet form of government.
- High Court verdict
- State are merely advisory body and the real power lays with Lieutenant Governor.
- Supreme Court verdict
- Though not a titular head has to act on the aid and advice of ministers.
- No statehood for Delhi
Based on Balakrishnan Committee Report of 1987:-
“Delhi as the National Capital belong to the nation as a whole.” and Union would be unable to discharge its special responsibilities in relation to National Capital of Delhi is given with full-fledged state status.
- Bound by the aid and advice of Ministers of Delhi Government and cannot act on his own.
- Can refer matters in case of uncertainty under Article 239 AA clause 4.
- Which cannot be on routine matters and must be matters having gravity and substance.
- Which have to be in writing and based on reasons.
- Must not be mechanical without due application of mind.
- Collective responsibility of state government and Lieutenant Governor Is to work together to maintain constitutional harmony.
- Power of government to legislate without interference span over all state and concurrent list under Article 239 AA (3)(a) of the Constitution, except land, police and public order.
- Prior consent of the LG is required though not mandatory.
- Constitution does not provide that LG has to concur all the decision of government.
- Services not excluded under Article 239 AA (3) (a).
- Civil servants serving with government of NCT come under their control.
- Now Council of Ministers have the power to post and transfer the officials working under government
- If official is not working well, government have the power to transfer them.
- Put an end to Long term tussle between LG and Delhi Government.
- Ensure cooperative federalism.
- Fight would dilute citizen welfare.
- Decrease citizen trust on institutions affecting governance if there is a power struggle.
- Implementation of decision can be started without waiting approval as LG can no longer act as an obstructionist.
- Otherwise, it would go against basic structure of the constitution – basic feature of representative democracy and federalism.
- India have parliamentary form of government based on collective responsibility of cabinet.
- Maintain mutual respect between office of LG and elected government.
- LG can apprise every decision taken by ministers and difference of opinion must be sorted out by discussion amicably.
- Centre, Delhi government and LG must come together for the sake of cooperative federalism and give priority to welfare of the people and governance.
- Allow Delhi Government to legislate for the welfare of the people so that the representative democracy to citizen is fulfilled.
- Both LG and government must respect constitutional norms, values and concepts.