In a democratic form of government, real power must subsist in the elected arms of the State- NCT Delhi Case (read judgment)

Updated On: February 14, 2020 4:31 pm

In a democratic form of government, real power must subsist in the elected arms of the State- NCT Delhi Case (read judgment)

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NCT Delhi case- LG v. CM

In a democratic form of government, real power must subsist in the elected arms of the State (read judgment)

In a landmark judgment pronounced by Five Judge Constitution Bench of the Supreme Court today, the Court has ruled that the In a democratic form of government, real power must subsist in the elected arms of the state.

Kerala State Govt Sanctions Additional Two Seats Per Course for Transgender Students

In a significant judgment, the Constitution Bench of the Supreme Court held that the Lieutenant-General of the Delhi had to act as per the aid and advise of the Council of Ministers of Delhi Government except in matters of land, police and public order. It held that the LG cannot interfere in each and every decision of the Delhi Government. The Court also held that Delhi was not a ‘State’, and occupied a special status under the Constitution.

The meaning of ‘aid and advise’ employed in Article 239AA(4) has to be construed to mean that the Lieutenant Governor of NCT of Delhi is bound by the aid and advice of the Council of Ministers and this position holds true so long as the Lieutenant Governor does not exercise his power under the proviso to clause (4) of Article 239AA. The Lieutenant Governor has not been entrusted with any independent decisionmaking power. He has to either act on the ‘aid and advice’ of Council of Ministers or he is bound to implement the decision taken by the President on a reference being made by him.

Read the Judgment Here

Legal Update (National)