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SC’s Judgment on Delhi Government Vs LG Case - Coggle Diagram
SC’s Judgment on Delhi Government Vs LG Case
Context
It l seeks to amend the Delhi Municipal Corporation Act, 1957
It seeks to reverse the trifurcation of DMC
The DMC Bill, 2022 was introduced in Lok Sabha
Need for this bill
Trifurcation of the erstwhile MCD was uneven
Creating compact municipalities in Delhi to provide more efficient civic services
What are the concerns, if enacted?
Bureaucratization
Central hegemony
New delimitation exercise
Jurisdictional conflict in the running of Delhi
Article 239AB: Parallel power regarding Presidents Rule
Article 239AA : Exceptions to Land, Public Order and Police
Assembly vs Lt Governor
Supreme Court on Delhi Governance Structure
Except for issues of public order, police and land, the Lieutenant Governor is bound by the aid and advice of the Council of Ministers
All decisions by Delhi’s council of ministers must be communicated to the L-G but that does not mean his concurrence is required
LG has no independent authority to take decisions except in matters under Article 239
Exception: Government of National Capital Territory (GNCT) of Delhi (Amendment) Act, 2021
Delhi Lieutenant Governor cannot act independently and must take the aid and advice of the CoM
L-G cannot act as an obstructionist and can refer issues to the President
Way forward
Decentralization of decision-making is important
Delhi cannot be unitary
Resolving control over Police in most rational way
Greater transparency, improved governance, and more efficient delivery of civic service
Key Observations by SC
Expanding central government power would contradict the Constitutional scheme.
Delhi's executive power is subject to existing union laws.
Interpretation of Article 239A should support representative democracy.
Non-reporting or failure to follow minister's instructions affects the principle of collective responsibility.
SC disagreed with Justice Ashok Bhushan's judgment that the Delhi government has no power over services
Denying elected governments control over officers renders the triple chain of accountability redundant.