Supreme Court Constitution Bench Clarifies Powers of Delhi Government and Lieutenant Governor under Article 239AA

Landmark verdict establishes that Delhi's elected government holds executive power coextensive with its legislative competence, while Lieutenant Governor’s independent discretion is limited and must be exercised sparingly with respect to national interests.

In a landmark judgment delivered on July 4, 2018, the Supreme Court of India Constitution Bench, comprising Chief Justice Dipak Misra and Justices A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud, and Ashok Bhushan, resolved the long-standing constitutional dispute concerning the governance framework of the National Capital Territory of Delhi (NCT). The reference arose from a series of appeals challenging the interpretation of Article 239AA of the Constitution, inserted by the Constitution (Sixty-Ninth Amendment) Act, 1991, which granted Delhi a special status as a Union Territory with a Legislative Assembly and Council of Ministers headed by a Chief Minister.

The Court undertook a comprehensive analysis of the constitutional provisions, legislative history including the Balakrishnan Committee Report, the Government of National Capital Territory of Delhi Act, 1991, and the Transaction of Business Rules, 1993. It emphasized the special status conferred on Delhi, which remains a Union Territory but enjoys a unique constitutional scheme distinct from other Union Territories and States.

Key findings include:

1. Status of Delhi: Delhi continues to be a Union Territory under Part VIII of the Constitution and is not a State within the meaning of Article 246 or Part VI. However, it is sui generis — a class apart among Union Territories with constitutionally entrenched institutions of governance.

2. Legislative Powers: The Delhi Legislative Assembly has power to legislate on all subjects enumerated in the State List (except Entries 1, 2, and 18 related to public order, police, and land) and the Concurrent List insofar as they apply to Union Territories, subject to Parliament’s overriding legislative power on any matter.

3. Executive Powers: The executive power of the Government of NCT of Delhi coextends with its legislative competence. Article 239AA(4) mandates that the Lieutenant Governor (LG) shall act on the "aid and advice" of the Council of Ministers headed by the Chief Minister in matters where the Assembly has legislative power, except where the LG is required by law to act in his discretion.

4. Role of the Lieutenant Governor: The LG is the constitutional head appointed by the President under Article 239 and functions as an Administrator with limited discretionary powers. The LG must be kept informed of all proposals, agendas, and decisions of the Council of Ministers but does not have a veto or power to unilaterally override decisions routinely.

5. Proviso to Article 239AA(4): If a difference of opinion arises between the LG and his Ministers "on any matter," the LG must refer the matter to the President, whose decision is binding. Pending such decision, the LG may take urgent action. However, the Court cautioned that this power is exceptional and not to be exercised routinely or arbitrarily. The difference must be based on valid constitutional grounds, respecting the principles of constitutional morality, collaborative federalism, and representative governance.

6. Communication vs. Concurrence: While the LG must be informed of all decisions, this communication is for enabling him to exercise his constitutional functions, not to seek his concurrence or approval. The elected government’s decisions stand unless the LG refers the matter under the proviso.

7. Constitutional Interpretation Principles: The Court underscored the need for purposive interpretation of constitutional provisions, emphasizing the "spirit of the Constitution," constitutional morality, and objectivity to uphold the democratic ethos and federal balance.

The judgment reaffirmed the Westminster model’s principle of collective responsibility, where the Council of Ministers is accountable to the Legislative Assembly and the people of Delhi. It highlighted the importance of constitutional governance, statesmanship, and mutual respect between the LG and the elected government for smooth administration.

This ruling clarifies the constitutional scheme of governance in Delhi, balancing the Union’s special interests as the national capital with the democratic aspirations of its residents. It delineates the limits of LG’s discretionary powers and strengthens the role of the elected government, ensuring that the voice of Delhi’s citizens through their representatives is respected.

The Supreme Court’s decision serves as a constitutional beacon for cooperative federalism and democratic governance in the unique context of Delhi, harmonizing the roles of the LG and the elected Council of Ministers within the framework of the Constitution.

Statutory provisions

Constitution of India Articles 239, 239A, 239AA, 239AB, 73, 74, 163, 167, 168, 172, 200, 246, 254, 256, 257, 258, 261, 285 to 289; Government of National Capital Territory of Delhi Act, 1991 Sections 41, 42, 44, 45, 49; Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993 Rules 4, 9, 10, 11, 13, 14, 19, 23, 24, 25, 45, 46, 49, 50, 51, 53, 54, 55, 56; General Clauses Act, 1897 Sections 3(58), 3(60), 3(62), 3(62A), 3(8).

Government of NCT of Delhi v. Union of India (SC)(Constitution Bench) : Law Finder Doc Id # 1086751