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Government of NCT of Delhi v. Union of India & Another

Civil Appeal · 2018 INSC 577Decided 4 Jul 2018
Civil Appeal No. 2357 of 2017
Chief Justice Dipak Misra · Justice A.K. Sikri · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud · Justice Ashok Bhushan

Background

This Constitution Bench judgment answers constitutional questions; it does not decide the individual appeals. The questions concerned Article 239AA and the powers of the Lieutenant Governor in relation to Delhi's elected government.

Decision Breakdown

This is not a final judgment in the individual appeals. The Court held that the Lieutenant Governor is bound by the aid and advice of the Council of Ministers on matters within the Delhi Assembly's powers, has no independent decision-making power, and can refer a difference of opinion to the President only in exceptional matters. Land, police and public order remain with the Centre. The appeals were sent to a regular bench.

Lesson Learnt

Delhi's elected government decides on matters within its powers; the Lieutenant Governor cannot act independently except to refer genuine exceptional differences to the President.

Official source (sci.gov.in)View Judgment (PDF)

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