Renewal Is Not Extension Unless Terms Are Fixed in Same Deed: Bombay High Court Strikes Down ₹64.75 Lakh Stamp Duty Demand on Nine-Year Lease Fraud Vitiates All Solemn Acts—Appointment Void Ab Initio Even After 27 Years: Allahabad High Court Litigants Cannot Be Penalised For Attending Criminal Proceedings Listed On Same Day: Delhi High Court Restores Civil Suit Dismissed For Default Limited Permissive Use Confers No Right to Expand Trademark Beyond Agreed Territories: Bombay High Court Enforces Consent Decree in ‘New Indian Express’ Trademark Dispute Assam Rifles Not Entitled to Parity with Indian Army Merely Due to Similar Duties: Delhi High Court Dismisses Equal Pay Petition Conspiracy Cannot Be Presumed from Illicit Relationship: Bombay High Court Acquits Wife, Affirms Conviction of Paramour in Murder Case Bail in NDPS Commercial Quantity Cases Cannot Be Granted Without Satisfying Twin Conditions of Section 37: Delhi High Court Cancels Bail Orders Terming Them ‘Perversely Illegal’ Article 21 Rights Not Absolute In Cases Threatening National Security: Supreme Court Sets Aside Bail Granted In Jnaneshwari Express Derailment Case A Computer Programme That Solves a Technical Problem Is Not Barred Under Section 3(k): Madras High Court Allows Patent for Software-Based Data Lineage System Premature Auction Without 30-Day Redemption Violates Section 176 and Bank’s Own Terms: Orissa High Court Quashes Canara Bank’s Gold Loan Sale Courts Can’t Stall Climate-Resilient Public Projects: Madras High Court Lifts Status Quo on Eco Park, Pond Works at Race Club Land No Cross-Examination, No Conviction: Gujarat High Court Quashes Customs Penalty for Violating Principles of Natural Justice ITAT Was Wrong in Disregarding Statements Under Oath, But Additions Unsustainable Without Corroborative Evidence: Madras High Court Deduction Theory Under Old Land Acquisition Law Has No Place Under 2013 Act: Punjab & Haryana High Court Enhances Compensation for Metro Land Acquisition UIT Cannot Turn Around After Issuing Pattas, It's Estopped Now: Rajasthan High Court Private Doctor’s Widow Eligible for COVID Insurance if Duty Proven: Supreme Court Rebukes Narrow Interpretation of COVID-Era Orders Smaller Benches Cannot Override Constitution Bench Authority Under The Guise Of Clarification: Supreme Court Criticises Judicial Indiscipline Public Premises Act, 1971 | PP Act Overrides State Rent Control Laws for All Tenancies; Suhas Pophale Overruled: Supreme Court Court Has No Power To Reduce Sentence Below Statutory Minimum Under NDPS Act: Supreme Court Denies Relief To Young Mother Convicted With 23.5 kg Ganja Non-Compliance With Section 52-A Is Not Per Se Fatal: Supreme Court Clarifies Law On Sampling Procedure Under NDPS Act MBA Degree Doesn’t Feed the Stomach: Delhi High Court Says Wife’s Qualification No Ground to Deny Maintenance

Lieutenant Governor of NCT Delhi Bound by Aid and Advice of Council of Ministers in Legislative Matters: Supreme Court

03 September 2024 10:18 AM

By: Admin


Today on 11 May 2023, in a significant ruling, the Supreme Court held that the Lieutenant Governor of the National Capital Territory of Delhi (NCTD) is bound by the aid and advice of the Council of Ministers of NCTD in matters within the legislative scope of NCTD, particularly in relation to services. The Court clarified that the executive power of NCTD, concerning entries in List II and List III, is subject to the executive power expressly conferred upon the Union by the Constitution or through legislation enacted by Parliament.

The judgment, delivered by a Constitution Bench comprising Chief Justice Dr. Dhananjaya Y Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, and Justice Pami Sri Narasimha, recognized the unique status of NCTD among Union Territories, distinguishing it from other Union Territories in terms of governance structure.

The Court further elaborated that NCTD possesses legislative and executive powers within its legislative competence, allowing it to enact laws and make rules related to "Services" under Entry 41 of List II of the Seventh Schedule. However, it clarified that the phrase "insofar as any such matter is applicable to Union Territories" in Article 239AA(3)(a) of the Constitution does not further exclude NCTD's legislative power over entries in the State List or Concurrent List.

Highlighting the division of administrative powers between the Union and NCTD, the Court emphasized that the executive power of NCTD with respect to entries in List II and List III shall be subject to the executive power expressly conferred upon the Union by the Constitution or through legislation enacted by Parliament.

The ruling provides clarity on the relationship between the Lieutenant Governor and the Council of Ministers in the context of NCTD's legislative and executive authority, setting an important precedent for future governance and decision-making processes in the capital territory.

The judgment lays down a comprehensive framework for the exercise of legislative and executive powers in NCTD, ensuring a balance between the Union and NCTD while respecting the constitutional principles and provisions. It marks a significant milestone in defining the governance structure of NCTD and the scope of its powers.

The Supreme Court's decision is expected to have far-reaching implications for the functioning and autonomy of NCTD, reaffirming the importance of a harmonious relationship between the Lieutenant Governor and the Council of Ministers in matters of legislation and decision-making.

The Court concluded its judgment by referring the papers of the case to the Regular Bench for further disposal, following the directions of the Chief Justice of India on the administrative side.

Case Title: Government of NCT of Delhi Vs UOI 

Date of Decision: May 11, 2023

Latest Legal News