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LUCID MAINS CURRENT AFFAIRS 2018

  1. 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.
  1. The power and jurisdiction of the government in relation to LG.
  2. 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.

SIGNIFICANCE.

  • 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.

WAY FORWARD.

  • 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.