Delhi LG Vs Chief Minister

Subject: Polity

Context:

Lieutenant Governor of NCT of Delhi has overturned the Delhi government’s order on testing only those showing COVID-19 symptoms and restricting access to hospitals only to Delhi residents.

Concept:

Constitutional provision

• As per Article 239, every UT in India shall be administered by the President, through an administrator to be appointed by him. He/She is called Lieutenant Governor in Andaman and Nicobar Islands, Puducherry and Delhi.
• Governor is an administrator and not a constitutional head.

Council of ministers Vs LG

• The scheme that has been conceptualized by the insertion of Articles 239AA and 239AB with the provisions of the Government of National Capital Territory of Delhi Act, 1991 and the corresponding Transaction of Business Rules, 1993 indicates that the Lieutenant Governor, being the Administrative head, shall be kept informed with respect to all the decisions taken by the Council of Ministers but this does not mean that the concurrence of the Lieutenant Governor is required said Supreme court
• Lieutenant Governor is bound by the aid and advice of the Council of Ministers and this position holds true so long as the Lieutenant Governor does not exercise his power under the proviso to clause (4) of Article 239AA.
• The Lieutenant Governor has not been entrusted with any independent decision making power. He has to either act on the ‘aid and advice’ of Council of Ministers or he is bound to implement the decision taken by the President on a reference being made by him.
• In the case of difference of opinion between the lieutenant governor and his ministers, the lieutenant governor has to refer the matter to the president for decision and act accordingly.
• Under Article 239AA(3)(a), Parliament has the power to make laws for the NCT with respect to any matter in the State List and Concurrent List. The Delhi Legislative Assembly also has the power to make laws on all subjects in the Concurrent List and all but three subjects in the State List — namely, public order, police and land.
• It clarified that the Centre will have exclusive power to make laws in respect of these three subjects but “in respect of other matters, the executive power is to be exercised by the Government of NCT of Delhi”.