Source: Hindustan Times

Introduction

The Supreme Court of India recently made a significant ruling distinguishing the powers of a Lieutenant Governor (LG) from those of a State Governor. In a judgment authored by Justice PS Narasimha, the bench, comprising Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala, held that the Delhi LG can nominate members to the municipal corporation without requiring the aid and advice of the Delhi Government.

What was the Background and Observation of Govt of NCT of Delhi v. Office of Lieutenant Governor of Delhi?

Background

• The case concerned Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, which allows the Lieutenant Governor (LG) to nominate 10 persons with special knowledge to the Delhi Municipal Corporation (DMC).
• The Government of National Capital Territory (NCT) of Delhi filed a petition challenging LG's power to make these nominations without the aid and advice of the Council of Ministers.
• The case involved interpreting Article 239AA of the Constitution, which deals with the special provisions for Delhi.

Court Observation

• The Supreme Court held that the LG can nominate members to the municipal corporation without the aid and advice of the Delhi Government.
• The court distinguished between the powers of the LG of Delhi and Governors of states:
  • For state Governors under Article 163, they must act on aid and advice except when Constitution requires discretion.
  • For Delhi LG under Article 239AA (4), discretion is allowed when required by any law.
• The court found that Section 3(3)(b)(i) of the DMC Act specifically empowers LG to make nominations, satisfying the exception in Article 239AA (4).
• The court viewed this nomination power as a statutory duty of the LG, not an executive power of the Delhi government.
• The judgment stated this power was intentionally given to LG through the 1993 amendment to incorporate constitutional changes, not a vestige of past administrator powers.
• The court ruled that when Parliament makes a law on subjects in State or Concurrent Lists, it limits the executive power of the Delhi government.

Who is the Lieutenant Governor (LG)?

• The Lieutenant Governor is the administrator of the NCT of Delhi, appointed under Article 239 of the Constitution of India.
• As per Article 239AA(1), the administrator of Delhi is designated as the Lieutenant Governor.
• The Lieutenant Governor acts as the constitutional head of the National Capital Territory of Delhi.
• Under Article 239AA(4), the Lieutenant Governor is required to act on the aid and advice of the Council of Ministers, except in matters where he is required by law to act in his discretion.
• The Lieutenant Governor's powers and functions are derived from the Constitution, particularly Article 239AA, and various statutory provisions applicable to Delhi.
• The Lieutenant Governor is vested with certain specific powers under various laws, including the Delhi Municipal Corporation Act, 1957.
• The office of the Lieutenant Governor represents the Union government in the administration of the National Capital Territory of Delhi.
• The Lieutenant Governor's role involves a balance between acting on the aid and advice of the elected government and exercising independent discretion where statutorily mandated.

What are the Legal Provisions Related to LG?

• Article 239AA(1): This provision designates the administrator of Delhi as the Lieutenant Governor.
• Article 239AA(4): This clause outlines the LG's relationship with the Council of Ministers:
  • It states that there shall be a Council of Ministers to aid and advise the LG.
  • The LG is required to act on the aid and advice of the Council of Ministers in matters where the Legislative Assembly has power to make laws.
  • An exception is provided where the LG is required by law to act in his discretion.
• Article 239AA(4) Proviso: This provides for resolution of differences between the LG and ministers:
  • In case of a difference of opinion, the LG may refer the matter to the President for decision.
  • Pending the President's decision, LG may take immediate action if he deems the matter urgent.
• Article 239AB: This article allows the President to suspend the operation of provisions of Article 239AA in case of failure of constitutional machinery in Delhi.
• Article 239(1): While not specific to Delhi, this article provides for the administration of Union Territories by the President acting through an administrator appointed by him.
• Seventh Schedule: The distribution of powers between the Delhi Legislative Assembly and Parliament is governed by the provisions of Lists II and III, with certain exceptions as specified in Article 239AA(3).

What are the Powers of Lieutenant Governor and Chief Minister?

Lieutenant Governor

• Acts as the constitutional head of the Union Territory.
• Controls 'reserved subjects' like public order, police, and land in Delhi.
• Can promulgate ordinances and reserve bills for Presidential consideration.
• Appoints the Chief Minister and ministers on CM's advice.
• It has discretionary powers in constitutionally specified matters.
• Maintains law and order, especially in Delhi.
• Liaises between UT administration and central government.
• Can recommend President's rule in the UT.
• Ensures constitutional compliance in UT administration.
• Can nominate members to certain bodies without ministerial advice (as per recent Supreme Court ruling for Delhi).

Chief Minister

• Heads the council of ministers and is the real executive authority.
• Formulates government policies and programs.
• Advises on ministerial appointments and portfolio allocation.
• Leads the majority party or coalition in the legislative assembly.
• Oversees budget preparation and presentation.
• Represents the state/UT in dealings with the central government.
• Supervises government department functioning.

What is the Difference between Governor and Lieutenant Governor?

• Governors are appointed for states, while LGs are appointed for Union Territories.
• Governors have authority over states with more autonomy; LGs oversee Union Territories under more central control.
• Governors generally have more ceremonial roles; LGs, especially in Delhi, play a more active administrative role.
• Governors act mostly on state cabinet advice; LGs have more extensive discretionary powers.
• Governors' roles are defined under Articles 153-162; LGs' roles under Articles 239-239AA of the Constitution.

How Has the Supreme Court's Recent Ruling Clarified the Constitutional Relationship Between Articles 239 And 239AA Concerning Administrative Control in Delhi?

• The constitutional relationship between Articles 239 and 239AA has been a source of political conflict between the Union Government/LG and the Government of NCT of Delhi regarding administrative control.
• In 2018, the Supreme Court ruled that the LG is bound by the aid and advice of the Council of Ministers in matters where the Legislative Assembly has legislative power, with the LG's concurrence not being required.
• The Government of National Capital Territory (Amendment) Act, 2021 was enacted to modify the Supreme Court's 2018 ruling, placing restrictions on the Legislative Assembly's powers and requiring the LG's opinion on executive actions.
• The Delhi government challenged the constitutional validity of the 2021 Amendment Act in the Supreme Court, arguing it violates principles of federalism, separation of powers, rule of law, and representative democracy.
• In 2023, the Supreme Court affirmed the Delhi government's authority over civil servants and day-to-day administration of NCT of Delhi.
• A case was brought before the Supreme Court regarding LG's power to nominate 10 person to the Municipal Corporation of Delhi (MCD) without the aid and advice of the Council of Ministers.
• The Supreme Court held that the executive power of the Delhi government must conform to parliamentary laws dealing with subjects in the State and Concurrent Lists of the Seventh Schedule of the Constitution.
• The Court ruled that LG's power to nominate members to the MCD is derived from the Delhi Municipal Corporation Act, 1957, as amended in 1993 to incorporate constitutional changes in Articles 239AA and 239AB.
• This ruling affirms LG's authority to make certain appointments independently of the elected government, based on specific statutory provisions.
• The judgment highlights the complex interplay between parliamentary legislation, constitutional provisions, and the division of powers in the unique governance structure of Delhi.

Conclusion

The Supreme Court's recent ruling has clarified the constitutional relationship between Articles 239 and 239AA, highlighting the complex balance of powers in Delhi's governance. The Court confirmed that while the Delhi government manages day-to-day affairs, the Lieutenant Governor has specific statutory powers, such as nominating members to the Municipal Corporation, independent of the Council of Ministers.