Government of NCT of Delhi V. Union of India
Government of NCT of Delhi V. Union of India
Government of NCT of Delhi V. Union of India
UNION OF INDIA
ABSTRACT
The following is a briefcase analysis of the case titled Government of NCT Of Delhi V.
Union of India (Civil Appeal No. 2357 of 2017) which was decided on 14.02.2019. Writ
petition had been filed in High Court to determine powers of the elected government of Delhi
vis-a-vis Lieutenant Governor of Delhi - High Court held that since National Capital
Territory of Delhi (NCTD) remains Union Territory, it was President who continues to
administer NCTD as well as Territory of Union, i.e., the Central Government and his
nominee, namely, Lieutenant Governor enjoys overlapping powers - Appeals filed before
Division Bench of this Court, Division Bench found that issues raised were of seminal
constitutional importance and needed to be referred to Constitution Bench - Matters were,
accordingly, referred to Constitution Bench to answer the question, namely, ambit and scope
of powers of GNCTD in juxtaposition to that of Lieutenant Governor - Thus, Constitution
Bench had also accepted that Lieutenant Governor was to act on aid and advice of Council of
Ministers in all his acts, except those functions where Lieutenant Governor was permitted to
exercise his own discretion. The aftermath of the case highlighted the need for laws that need
to be in order with the other Article of the constitution. This case has been read, summarised
and analysed broadly under the following headings: Facts of the case, issues at hand,
arguments from both sides, legal aspects involved and overview of the judgement. This case
focuses on Article 143 of Indian constitution's legal provisions, Article 243 clause 3 of Indian
Constitution, Article 293A of Indian constitution, Article 246 of Indian constitution.
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INTRODUCTION
This case is a civil appeal No. 2357 of 2017
This case is in relation to stating the powers of Lieutenant Governor of Delhi.
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4. The fourth issue was whether this power lies with the Lieutenant Governor to the exclusion
of GNCTD which is competent to appoint Public Prosecutors, including Special Public
Prosecutors under Section 24 of Criminal Code Procedure in individual cases.
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LEGAL ASPECTS
This case revolves around Article 239A, 239AA of Indian Constitution and Section 24 of
Indian code Of Criminal Procedure.
ARTICLE 239AA
As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991,
the Union Territory of Delhi shall be called the National Capital Territory of Delhi (hereafter
in this Part referred to as the National Capital Territory) and the administrator thereof
appointed under article 239 shall be designated as the Lieutenant Governor. There shall be a
Legislative Assembly for the National Capital Territory, and the seats in such Assembly shall
be filled by members chosen by direct election from territorial constituencies in the National
Capital Territory. The total number of seats in the Legislative Assembly, the number of seats
reserved for Scheduled Castes, the division of the National Capital Territory into territorial
constituencies (including the basis for such division) and all other matters relating to the
functioning of the Legislative Assembly shall be regulated by law made by Parliament. The
provisions of articles 324 to 327 and 329 shall apply in relation to the National Capital
Territory, the Legislative Assembly of the National Capital Territory and the members
thereof as they apply, in relation to a State, the Legislative Assembly of a State and the
members thereof respectively; and any reference in articles 326 and 329 to "appropriate
Legislature" shall be deemed to be a reference to Parliament.
ARTICLE 293A
Parliament may by law create for the Union territory of Puducherry a body, whether elected
or partly nominated and partly elected, to function as a Legislature for the Union territory, or
a Council of Ministers, or both with such constitution, powers and functions, in each case, as
may be specified in the law. Any such law as is referred to in clause (1) shall not be deemed
to be an amendment of this constitution for the purposes of article 368 notwithstanding that it
contains any provision which amends or has the effect of amending this constitution.
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SECTION 24, INDIAN CODE OF CRIMINAL PROCEDURE
For every High Court, the Central Government or the State Government shall, after
consultation with the High Court, appoint a Public Prosecutor and may also appoint one or
more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or
other proceedings on behalf of the Central Government or State Government, as the case may
be.
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A.K. Sikri. Contempt Petition (C) No. 175 of 2016 is closed. The parties shall bear their own
costs.
CONCLUSION
That situation may give discretionary powers to the L.G. On the other hand, it also could not
be said that once the manpower was allocated to Union Territory of Delhi, the GNCTD
should not have any power to deal with such employees, in view of C.B. Judgment. In such a
scenario, and to avoid any conflict of exercise of powers between the L.G. on the one hand
(as representatives of the Central Government) and the Council of Ministers with Chief
Minister as Head, on the other hand, we are of the opinion that for the smooth functioning of
the system, it was necessary to carve out a just and fair mechanism. All the issues were duly
addressed, and the writ petitions were disposed.
SUGGESTIONS
In India, NCTD remains a union territory and will be governed by the President of India
regardless of any new introductions in the constitution. This case clearly defined the powers
of Public Officers in Delhi and the cognisance in ACB. Each of the writ petitions had their
own merits. Through this case, all the issues at hand which had aroused were settled and
acted as a benchmark for the future cases in this regard.