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19/02/2019 - Indian Polity

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February 19, 2019

The office and role of the LG  needs to be restructured to recognise the shift in public sentiment towards more democracy. Elaborate in context of recent Supreme Court judgement on Delhi Government vs Lieutinant Governor.  (200 Words)

Refer - The Hindu

Enrich the answer from other sources, if the question demands.

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IAS Parliament 5 years

KEY POINTS

Key concerns

·        The role of Lieutinant Governor with respect to union territories is not clearly mentioned in the Constitution of India.

·        In case of Puducherry The Union Territories act 1963, allows the office discretionary powers, but these must be exercised judiciously and only in exceptional circumstances. This gets often misued leading to the tussle.

·        The proposals LG of Puducherry has refused to approve the government initiative for free rice, undermining the elected legislative assembly.

·        While the Supreme court judgement on Delhi LG has limited its powers this has not been done in case of Puducherry.

Supreme Court’s Ruling

·        “Aid and advice” under Article 239AA means that the LG is bounded by the aid and advice of the elected government.

·        LG has no independent decision making power and cannot act as an obstructionist to policy decisions taken by Government.

·        LG cannot stall decisions mechanically, Government must be allowed to legislate and govern other issues.

·        In case of Puducherry these guidelines have not been followed properly, the decisions by LG of Puducherry has been taken without the concurrence of Elected representatives.

·        Thus the tussle between Chief Minister and LG undermines the democratic institutions enshrined in the constitution of India, leading to loss of trust on the Government by people.

·        The Supreme court judgement applies equally to Puducherry and has to be taken into account by LG for robust functioning of democratic institutions.



 

Raj 5 years

Kindly Review. Thanks!!

IAS Parliament 5 years

Try mentioning issue of Puducherry and link it with significance of Supreme Court judgement given to Delhi UT. Keep Writing.

Sandeep 5 years

Kindly review 

IAS Parliament 5 years

Try including the issue of Puducherry and link it with the significance of Supreme Court judgement given for Delhi. Keep Writing.

Nandadeep 5 years

Kindly review.thanks

IAS Parliament 5 years

Try linking the significance of Delhi Judgement and apply it to tussle happening in Puducherry. Keep Writing.

AP 5 years

Answer.

IAS Parliament 5 years

Good answer. Keep Writing.

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