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