NCT of Delhi

nations capital territory of delhi……

-As per provisions of Art 239AA
-As per provisions of The Government of NCT of Delhi Act’1992 (69th
A/A’1991)

as per these provisions the nct delhi had a legislative assembly

Art 239AA

• NCT of Delhi has a 70-seat LA.
• The CM is appointed by President.
• CoM should not exceed 10% of total members of LA.
• The LA of Delhi can make laws on all matters in
  State List except Public order, Police & Land
  
• Parliament, by law, will regulate:
  vNo. of seats in LA ( including SC reservation)
  vDivision of the NCT into territorial constituencies &
  vAll other matters relating to the functioning of the LA.
• Parliament is competent to make laws over all
  matters in the State and Concurrent lists in
  relation to the NCTD.

LG vs. CM

Art 239AA(4): There shall be a Council of Ministers
consisting of not more than ten per cent of the
total number of members in the Legislative
Assembly, with the Chief Minister at the head to
aid and advise the Lieutenant Governor in the
exercise of his functions in relation to matters with
respect to which the Legislative Assembly has
power to make laws, except in so far as he is, by or
under any law, required to act in his discretion:

Provided that in the case of difference of opinion
between the Lieutenant Governor and his Ministers
on any matter, the Lieutenant Governor shall refer
it to the President for decision and act according to
the decision given thereon by the President and
pending such decision it shall be competent for the
Lieutenant Governor in any case where the matter,
in his opinion, is so urgent that it is necessary for
him to take immediate action, to take such action
or to give such direction in the matter as he deems
necessary.

Supreme Court Judgment 2018

• Executive head of state is the Chief Minister and LG
  is bound by the advice of Council of Ministers.
• LG should reserve a matter for consideration of
  president in exceptional situations where there is a
  genuine disagreement between the two.
• Delhi government does not require LG’s consent to
  implement its decisions even though it has to keep
  him informed of all the decisions.

The Government of NCT of Delhi (Amendment) Act’21

Reason

• To promote harmonious relations between the legislature
  and the executive.
• To give effect to the interpretation made by Supreme
  Court in its 2018 judgment

Provisions

• The term “government” referred to in any law
  made by the Legislative Assembly will imply
  Lieutenant Governor (LG).
• Rules to regulate the procedure and conduct
  of business in the Assembly must be
  consistent with the Rules of Procedure and
  Conduct of Business in the Lok Sabha.
  
• The act prohibits the Legislative Assembly from
  making any rule to enable itself or its Committees
  to:
  -consider the matters of day-to-day administration of the
  NCT of Delhi
  -conduct any inquiry in relation to administrative decisions
• On certain matters, as specified by the LG, his
  opinion must be obtained before taking any
  executive action on the decisions of the
  Minister/Council of Ministers.
  
• The Act requires the LG to reserve certain Bills passed by
  the Legislative Assembly for the consideration of the
  President.
  -which may diminish the powers of the High Court of Delhi
  -which the President may direct to be reserved
  -dealing with the salaries and allowances of the Speaker, Deputy
  Speaker, and members of the Assembly and the Ministers,
  -relating to official languages of the Assembly or the NCT of
  Delhi.
  -bills which incidentally cover any of the matters outside the
  purview of the powers of the Legislative Assembly.

Government of NCT of Delhi vs. Union of India’2023

• Control over Services & Civil Servants in NCTD lies
  with Delhi govt. (Entry 41, State List)
• Union’s executive power is limited to only public
  order, police, and land, in the NCTD
• The Delhi govt’s powers are restricted only in matters
  relating to public order, police, and land.
• The LG may exercise discretion only in those matters
  falling outside the powers of Delhi govt.

THE GOVERNMENT OF NCDT(AMENDMENT) ORDINANCE, 2023

• Notwithstanding anything contained in any judgement, order or
  decree of any Court, LA of Delhi will have no power over Entry 41
  (State List)
• The Lieutenant Governor shall act in his “sole” discretion in a
  matter which falls outside the purview of the powers conferred on
  the Legislative Assembly but in respect of which powers or
  functions are entrusted or delegated to him by the President.
• Central Government may make rules to provide for matters, in
  connection with the service conditions of all officers of the
  Government of National Capital Territory of Delhi.
• Creation of National Capital Civil Service Authority

National Capital Civil Service Authority

• Members:
  -CM: Chairperson
  -Chief Secretary (NCTD)
  -Principal Home Secretary (NCTD): Member Secretary
• All matters to be decided by majority vote
• Functions:
  -Recommend transfers, postings, vigilance, capacity building
  etc. for Group A & DANICS to LG
  -LG can return the recommendations and in case of disputes,
  LG’s decision shall be final