Government of NCT Of Delhi v/s. Union of India
- Rudraksh Gupta, Christ University Bangalore
- January 7, 2021
Content :
The following is a briefcase analysis of the case titled Government of NCT Of Delhi V. Union of India (Civil Appeal No. 2357 of 2017) which was decided on 14.02.2019. Writ petition had been filed in High Court to determine powers of the elected government of Delhi vis-a-vis Lieutenant Governor of Delhi - High Court held that since National Capital Territory of Delhi (NCTD) remains Union Territory, it was President who continues to administer NCTD as well as Territory of Union, i.e., the Central Government and his nominee, namely, Lieutenant Governor enjoys overlapping powers - Appeals filed before Division Bench of this Court, Division Bench found that issues raised were of seminal constitutional importance and needed to be referred to Constitution Bench - Matters were, accordingly, referred to Constitution Bench to answer the question, namely, ambit and scope of powers of GNCTD in juxtaposition to that of Lieutenant Governor - Thus, Constitution Bench had also accepted that Lieutenant Governor was to act on aid and advice of Council of Ministers in all his acts, except those functions where Lieutenant Governor was permitted to exercise his own discretion. The aftermath of the case highlighted the need for laws that need to be in order with the other Article of the constitution. This case has been read, summarised and analysed broadly under the following headings: Facts of the case, issues at hand, arguments from both sides, legal aspects involved and overview of the judgement. This case focuses on Article 143 of Indian constitution\'s legal provisions, Article 243 clause 3 of Indian Constitution, Article 293A of Indian constitution, Article 246 of Indian constitution.
