VidhiSangh

Supreme Court of India · 04/07/2018

GOVERNMENT OF NCT OF DELHI versus UNION OF INDIA & ANOTHER

[2018] 7 S.C.R. 1 · 2019 INSC 194

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Answering a Constitution Bench reference on Delhi’s governance, the Supreme Court held that Delhi remains a Union Territory with constitutionally protected representative institutions. In matters within its legislative competence, the elected government exercises executive power, subject to constitutional qualifications. The Lieutenant Governor ordinarily acts on ministerial aid and advice; communication of decisions is mandatory, but routine concurrence is unnecessary. Presidential referral requires a genuine, reasoned difference and prior efforts at resolution.

Issues

  1. What legislative and executive authority does Article 239AA confer on Delhi’s elected government and the Union?
  2. When may the Lieutenant Governor depart from ministerial aid and advice and refer a difference to the President?
  3. Do executive decisions require the Lieutenant Governor’s concurrence, or communication under the governing Act and Rules?

Provisions considered

Held

Result

Constitutional reference answered. Matters directed to be placed before the appropriate regular Bench after orders of the Chief Justice; the individual appeals were not decided by this reference judgment.

Judgment PDF: Supreme Court of India, [2018] 7 S.C.R. 1.