Motor Insurance Policy Covers Cross-Border Travel If Specifically Authorized By Valid Permit Under MVA: Supreme Court Petrol Pumps Act As 'Commission Agents' For Mahanagar Gas, Liable To Pay Service Tax Under Business Auxiliary Service: Supreme Court Supreme Court Refuses To Dilute 'Bangalore Water Supply' Ratio, Affirms Worker Protection Remains The Core Of Industrial Disputes Act Order XXII Rule 9(3) CPC | Application Under Section 5 Limitation Act Must Be Filed Separately To Condonate Delay In Setting Aside Abatement: Supreme Court Principle Of Parity | Supreme Court Extends Benefit Of Fixed-Term Sentence To Co-Accused Based On Remission Period Right To Catch Fish Amounts To 'Profit à Prendre' And Is Compulsorily Registrable As A Lease Under Section 17(1)(d) Registration Act: Supreme Court Supreme Court Mandates Adoption Of Guidelines To Inculcate Sensitivity And Compassion In Judicial Processes For Sexual Offences 'Last Seen' Circumstance Is Weak Without Corroboration: Supreme Court Acquits Murder Accused PSEB | Pre-Regularization Service Must Be Counted As Qualifying Service For Pensionary Benefits: Supreme Court Writ Of Quo Warranto Cannot Be Used For Redress Of Personal Grievances By Unsuccessful Candidates In Selection Process: Supreme Court 'Case Of No Investigation': Supreme Court Acquits Murder Accused Citing 'Shoddy' Police Work And Lack Of Forensic Evidence 'Status Quo Cannot Be Vacated Without Appropriate Security': Supreme Court Directs Additional ₹200 Crores Deposit In RAKIA-Matrix Case SARFAESI Act | 'Bank' As Assignee Can Invoke Recovery Measures Even If Debt Was Originally Created By Non-Notified Financial Institution: Supreme Court 'CBI Failed Miserably': Supreme Court Tears Into 'Fabricated' Case, Acquits Bank Manager In 35-Year-Old Corruption Trial Mere Delay In Tax Deposit Cannot Be Equated With Non-Payment: Supreme Court Quashes Penalty On Saudi Arabian Airlines Revisional Power Under Section 56 Karnataka Land Revenue Act Cannot Be Invoked Beyond Three-Year Limitation Period: Supreme Court Prosecution Can’t Use Known Locations To Create 'Discovery' Fiction: Supreme Court Rejects Site Plan As Evidence Irretrievable Breakdown Of Marriage And Long-Term Separation Constitute Valid Grounds For Divorce Under Section 13(1)(ib) HMA: Supreme Court 'Proof Beyond Reasonable Doubt Is A Guideline And Not A Fetish': Supreme Court Acquits Man In 2007 Murder Case Over Fragile Circumstantial Evidence Plea Of Juvenility Is A Jurisdictional Fact; High Court Must Recall Final Judgments Under Section 482 CrPC To Remedy Miscarriage Of Justice: Supreme Court SEBI | Professional Clearing Members Have No Statutory Obligation To Verify Credit/Debit Positions Of Individual Clients Of Trading Members: Supreme Court

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