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iasparliament
July 06, 2018
3 months
364
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LG with absolute powers, without the corresponding accountability and the elected representatives with complete responsibility, without the requisite powers was the characteristic feature of the Delhi government until now. How far the recent Supreme Court verdict alters the equation? Analyse. (200 words)

Refer – The Indian Express

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

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SATHESH KUMAR R 3 months

Please Review

IAS Parliament 3 months

Good work. Try to explain the equation. Keep writing. 

IAS Parliament 3 months

KEY POINTS

·         Article 239AA and AB of the Indian Constitution grant the LG more discretionary powers than Governors in other states.

·         Clause 4 of the article holds there should be a CoM to aid and advise the LG except when s/he acts in his/her discretion.

·         Until now, the situation was tilted in favour of the Centre because of the Lt. Governor’s claim that he had the authority to refer any matter to the President.

·         The proviso that allowed him/her to make such a reference was used to block major decisions of the elected regime in Delhi.

·         In practical terms, it vests the LG with absolute powers without corresponding accountability and leaves the elected chief minister faced with complete responsibility but without requisite powers.

How verdict alters the equation?

·         The Supreme Court has ruled that the Lt. Governor has to ordinarily act on the aid and advice of the Council of Ministers.

·         At the same time, it has retained the Lt. Governor’s powers to refer matters to the President for a decision. 

·         However, it has significantly circumscribed this power. The power to refer “any matter” to the President no longer means “every matter”.

·         It could encompass substantial issues of finance and policy which impact upon the status of the national capital or implicate vital interests of the Union.

·         Further, there is no requirement of the Lt. Governor’s concurrence for any proposal.

·         Through this verdict, SC has held that the elected government is the main authority in Delhi’s administration.

·         It may end, or at least diminish the controversies over the arbitrary withholding of Cabinet decisions.

Way Ahead

·         The basic message is that an elected government cannot be undermined by an unelected administrator.

·         The larger one is that the Union and its units should embrace a collaborative federal architecture for co-existence and inter-dependence.

Shankaranand 3 months

Please Review

Thank You

IAS Parliament 3 months

Good effort. Try to explain the first part of the question as well. Keep writing.

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