Jurisdictional conflicts in Delhi (NCT)
MB
CJ and IMP cases
Govt of NCT Delhi vs UoI 2018
Delhi is a special category UT
lays down the parameters
to enabling harmonious functions
of the Govt and Lt. Governor
tells the State Govt
BP/GE/IS
SC on Lt. Governor
no requirement of the concurrence
of the Lt. Governor
no power to overrule
the decisions of the State Government
Article 239 AA(4)
difference of opinion btw
Lt. Governor
ministers
shall refer to the president
for decision and act
according to that decision
means as UHM
E.g. Delhi Riot Cases
difference of opinion
to appoint prosecutors
meantime, Lt. Governor appointed
prosecutors submitted by Delhi Police
State Govt´s list was rejected
refer to president for decision
BP
Lt.Governor have exemption
exercised only in exceptional circumstances
Lt.Governor keeping in mind
std of constitutional trust and morality
principle of collaborative federalism
and concept of consti balance
Not to refer
the President normal administrative matters
would disturb the concept of consti governance
President
highest consti authority
decision should be sought only
on consti important issues
not day-2-day administrative issues
Facilitator
Lt.Governor should not have hostile attitude
towards the Council of Minister of Delhi
Act as facilitator