Constitution / Lt governor / Governance

The confusions in understanding the constitutional limits of the powers of the elected government in the National Capital Territory of Delhi is giving rise to repeated executive crisis. Evaluate. (10 minutes, 250 words)

Reference:

TheHindu-1

TheHindu-2

2 thoughts on “Constitution / Lt governor / Governance”

  1. cause of tussle: it is all about appointing chief secretary by lieutenant governor without the aid and advice of chief minister.
    what the constitution says: here the laws relevant to understanding relation between chief minister and LG are governed by art 239AA of the constitution.As per the same, LG’s discretionary power doesnot extend to appointing chief secretary without the aid and advice of chief minister and his council of minister.
    Delhi and its peculiar nature: neither being a state nor being a Union Territory, delhi is governed by 239AA and 239AB introduced by constitutional amendment in 1991. Whereas UT is governed by 239. In case of state, chief secretary is appointed by chief minister and his council of minister. It can be interpreted from reading art 239AA(4), where legislative assembly has power to make laws, i.e except land, police, public order chief minister with his council of minister will aid and advise LG. There is no such laws to grant LG discretionary power to appoint chief secretary .The home ministry’s notification siding with LG established the fact that centre is treating Delhi as union territory as centre thinks service falls under central govt. this is ultra vires.
    consequence: common people are suffering as work has been disrupted .
    way forward : politicisation of issue as struggle for power directly attack the federal structure . There can be no compromise when it comes to cooperation, trust between LG, Delhi govt and centre.

    1. This seems to be your first answer. I appreciate your effort. However, you should keep in mind some of these crucial points while writing an answer.

      First, your answer lacks structure and coherence.

      An answer is not just a collection of facts and figures. It must be interesting for the evaluator to read also.

      Second, you have mentioned the point however, the points are completely lost in the confusion.

      Third, you have to weigh the statement for its merits and demerits. You have to show in your answer whether you agree or disagree with the statement and you have to provide justification for it.

      Try to make a framework for the answer and rewrite again. You can improve a lot.

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