The Powers of the Lieutenant Governor (LG) of Delhi

What’s in today’s article?

• Why in News?
• The Office of the Lieutenant Governor (LG) of Delhi
• Tussle Between the Union Govt and the Govt of NCT of Delhi
• Tussle Between the LG and the Govt of NCT over the Administration of MCD

Why in News?

• The SC held that the authority of the LG of Delhi to nominate 10 persons/ aldermen with special knowledge of municipal administration to the Municipal Corporation of Delhi (MCD) is a statutory duty attached to his office.
• The ruling party of the NCT of Delhi has held that the SC's claim that the Delhi LG is not bound by the aid and advice of the Council of Ministers in this matter is a major setback to democracy.

The Office of the Lieutenant Governor (LG) of Delhi:

• Constitutional provisions:
  • Under Article 239 of the Constitution of India, the administration of every union territory (UT) is handled by an administrator appointed by the President of India.
  • However, the Constitution (69th Amendment) Act 1991 introduced Article 239AA which created an elected Legislative Assembly and a Council of Ministers (CoM) including a Chief Minister (CM) for National Capital Territory of Delhi (NCT).
    • This Assembly has the power to make laws for NCT with respect to any of the matters under the State or Concurrent Lists of the Seventh Schedule (except public order, police and land matters).
    • The LG of Delhi was designated the Administrator of the NCT.
• Powers of LG:
  • S/he acts on the aid and advice of the CoM (including a CM), except when s/he is compelled to act in his/her discretion by or under any law.
  • If the LG and the Ministers disagree on any issue, the LG shall refer it to the President for decision and act accordingly.
    • When such a decision is pending with the President, it shall be competent for the LG to take prompt action in any scenario where the matter (in his/her opinion) is urgent.
  • Under Article 239AB, the President may (on receipt of a report from the LG or otherwise) suspend the operation of any provision of Article 239AA by order.
    • This is done in a situation in which the administration of the NCT cannot be carried out in accordance with the provisions of Article 239AA.

Tussle Between the Union Govt/LG and the Govt of NCT of Delhi:

• The relationship between Articles 239 and 239AA causes political conflict between the Union and the government of the NCT of Delhi for administrative control of the NCT region.
• In 2018, the SC held that the LG is bound by the aid and advice of the CoM for all matters where the Legislative Assembly has the power to make laws.
  • The LG only needs to be consulted on decisions taken by the Council, but his/her concurrence isn’t required.
• In order to overturn the SC's ruling, the central government enacted the Government of National Capital Territory (Amendment) Act, 2021.
  • It prohibited the Legislative Assembly from deliberating on issues concerning the day-to-day administration of the NCT and from conducting any investigations into administrative decisions.
  • It compels the Legislative Assembly to reserve any laws enacted by the Assembly for review by the President if the bill 'incidentally' includes any topics outside the Assembly's authority.
  • Furthermore, it requires the LG's 'opinion' on all executive actions done by the government.
• The Delhi government challengedthe constitutional validity of the amendment in the SC, claiming that it establishes the LG as the default administrative authority over NCT in all matters.
  • This destroys the basic features of federalism, separation of powers, rule of law and representative democracy.
• In 2023, the SC upheld the Delhi government’s powers to control civil servants and day-to-day administration of the NCT of Delhi.

Tussle Between the LG and the Govt of NCT over the Administration of MCD:

• The case before the SC:
  • The legal question before the court was whether the LG could nominate 10 persons (to the MCD) as a part of the statutory duty of his office or was he bound by the aid and advice of the CoM.
  • The case was reserved for judgment by the SC in 2023.
• The verdict:
  • The court held that the executive power of the Delhi govt would conform to a parliamentary law dealing with subjects in the State and Concurrent Lists of the Seventh Schedule of the Constitution.
  • The Bench held that the power of the LG (to nominate 10 persons with special knowledge of municipal administration to the MCD) is drawn from the Delhi Municipal Corporation Act, 1957.
    • This parliamentary law was amended in 1993 to incorporate constitutional changes in Articles 239AA and 239AB.

Q.1 What is the 74th Amendment to the Indian constitution?

The 74th Constitutional Amendment Act 1992 introduced Part IX A (the Municipalities) which deals with the issues relating to municipalities. The Act provided constitutional status to the Urban Local Bodies (ULBs).

Q.2. Who appoints the Council of Ministers in Delhi?

The President appoints the CM of Delhi and on the CM's advice, the president appoints the other ministers. The strength of the council of ministers is fixed at 10% of the total strength of the Delhi Legislative Assembly.

Source: In setback for Delhi’s AAP govt, Supreme Court upholds L-G’s power to nominate 10 aldermen to MCD