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How can L-G act without the aid and advice of the Council of Ministers?

GS Paper 2

 Syllabus: Issues and Challenges Pertaining to the Federal Structure

 

Source: TH

 Context: The Supreme Court observed how can the Lieutenant Governor (L-G) act without aid and advice of the Council of Ministers in nominating 10 members to the MCD.

 

What was the case?

 The petitioner’s (Delhi govt) claims:

  • According to the Delhi Municipal Corporation Act, the MCD had to include 10 people – Aldermen (above 25 years of age), having special knowledge/experience in municipal administration, to be nominated by the administrator/LG.
  • According to the Constitutional scheme (Article 239 AA) these powers were to be exercised only under the “aid and advice” of the CoM, except where the LG is required by law to act at their discretion.
  • If there is a difference of opinion, the LG may refer the matter to the President and under no circumstances has any independent decision-making power.
  • The nominations made by the L-G are ultra vires (to the Constitution and the SC’s 2018 verdict) and illegal.

The LG’s claims: An amendment to the GNCTD Act 1991 (the Government of NCT Act) was made (whose notification is under challenge in SC) after the SC’s 2018 judgement. The amendment provides for such nominations to be made by LG.

 

What the SC said? It said neither the DMC (Delhi Municipal Commission) Act nor any other provision of law says anywhere that such nomination is to be made by the administrator at his discretion.

Insta Links:

Centre vs Delhi Govt on control over services: timeline of a dispute

 

Mains Links:

Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and the elected government of Delhi? Examine. (UPSC 2018)