Delhi Govt. Vs Supreme Court | Latest Burning Issues 2018

Table of Contents

NOTES

VICTORY? WHY DID THE AAP GOVERNMENT KNOCK AT THE COURT’S DOOR?

• The tussle between the Delhi government and former L-G Najeeb Jung.
• In 2015, the appointment of Shakuntala Gamlin as acting chief secretary by the office of L-G has led to a confrontation with the state government. The AAP government accused the L-G’s office of interfering in the appointments of secretary-rank officials and acting like Delhi was under President’s rule.
• Jung also cancelled all the appointments made by the Delhi government without consultation.

LATER

• The Delhi government later moved the High Court challenging a Ministry of Home Affairs notification that reiterated the constitutional validity of the L-G’s office.
• The MHA amended a 1998 notification in which it said that the L-G was the “administrative head” of National Capital Territory (NCT) of Delhi.

IN WHOSE FAVOUR DID THE DELHI HIGH COURT RULE?

the High Court dismissed its contention that the L-G is bound to act only on the aid and the advice of the council of ministers. It also held that the decisions taken by the government, including appointments made by it, were “illegal”.

L-G ANIL BAIJAL WHAT SC SAID

The SC was delivering its verdict in a case to do with the turf war between the Centre and Delhi’s Arvind Kejriwal government over who should have more power to administer
Delhi.
The SC said that except for the three issues including land and law and order, over which the Centre has exclusive power, the Delhi government must be allowed to legislate and govern on
other issues and the LG cannot stall decisions mechanically.

NOTES

•That is, the LG should not mechanically refer all decisions of Delhi’s council of ministers to the President merely by citing a difference of opinion.
•It’s only in exceptional situations that the LG can refer the issue to President when he had legitimate and serious difference of opinion with the decision taken by he council of ministers headed by the Delhi CM.

WHAT IS ARTICLE 239 AA?

• Delhi got its first chief minister in 1952, when Congress’ Chaudhary Brahm Prakash. Shortly after his term ended, the office of Chief Minister of Delhi was abolished for 37 years
until December 1993.
• In 1991, Parliament passed a constitutional amendment act which mandated elections in the national capital. First elections were held in 1993 and Bharatiya Janata Party’s Madan Lal
Khurana was sworn in as the chief minister.

NOTES

• The Delhi Assembly was established in 1993 after the 69th amendment to the Constitution came into force and was followed by the Government of National Capital Territory of
Delhi Act, 1991.
• The 69th amendment inserted two new Articles – 239AA and 239AB – making provisions for creation of the Delhi government and laying down the procedure for Presidential intervention in case of failure of constitutional machinery in the Capital.

NOTES

The article 239AA of the constitution of India has some special provisions with respect to Delhi. Some items of the state list are not applicable to Delhi. Which among the following are they?
1. Police
2. Public Order
3. Education
4. Land
Select the correct option from the codes given below:
A. 1, 2 and 3
B. 1, 2, and 4
C. 1 and 4
D. 1,3 and 4
• Power with Delhi government: Delhi government has Jal Board, Power, Transport, PWD, Health (minus health and sanitation, which is with MCD), and Education (minus some primary schools).