The Delhi Government was held responsible and answerable for the activities in the area of Delhi Area the powers like legal and administration works in the Delhi area. Removed the domains of law and order, Security Agencies and place. The Lt Governor should compulsory support the Delhi government orders on matters of remuneration works.
The Constitutional Bench of CJI D.Y Chandrachud, Justice M.R Shah, Justice K.Murari, Justice H.kohli and Justice Pamidighantam Sri Narasimha not agreed with Justice A.Bhushan opinions during the 2019 divided decision, in which he stated the services were out of the domain of Delhi Government. The Exclusion of Services from the state government domain would result in the loss of ministers’ status and the loss of those who formulate policies and programmes for this domain and I.A.S officers who bring the policies into reality will lose their power.
The judgment pronounced by CJ I Chandrachud further held :”We reiterate that in the light of Article 239AA of the Constitution and the 2018 Constitution Bench judgment, the Lieutenant Governor is bound by the aid and advice of the Council of Ministers of NCTD about matters within the legislative scope of NCTD, as we have held that NCTD has legislative power over services excluding public order, police and land”
The Bench also described the need for a bicameral format in the country. Delhi is not a full-fledged state but it can exercise its power enlisted in List ii and List iii, leaving some entries. By which the judiciary has ensured that the Central government does enjoy dominating position. “The principle of democracy and federalism form a part of basic structure. Federalism ensures the survival of diverse interests and accommodates diverse needs.”
Cass title:- G.N.C.T.D vs LG
Citation:- live law .in
Name:- Shivraj Kadlimatti, Class:- 2nd-year B.B.A.L.L.B, College:- Army Law College Pune
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