The Ratio discernible from a recent Delhi High Court Judgment
comprised in 194 pages (Re GOVERNMENT OF NCTD VS
UOI, WP (C) 7887/2015, DOD AUGUST 04, 2016) qua power tussle between
Central Government - LG and Delhi Government may be summed up in few lines:
1. Delhi Legislative Assembly is
a subordinate body to Central Government and Parliament.
2. Delhi “Council of Ministers”
headed by Delhi “CM” is in fact an ELECTED “ADVISORY BODY” to a SELECTED
“AGENT” (also called DELEGATEE) of the Central Government with a specific rider
that matters on Police, Law & Order, Land and
Services are absolutely “out of bounds” from the “terms of reference” of said
“BODY”.
3. Delhi CM is an ELECTED “HEAD” of said “BODY”. [For all practical
purposes, the Government of Delhi (i.e. NCTD) means Central Government - LG]
(Credit to Article 239AA; Government of NCTD Act, 1991;
Government of NCTD Rules, 1993; MHA notifications vide Articles 239/239AA and
LG office orders as an agent/delegate of Central Government/President and
literal/grammatical interpretations thereof in Delhi High Court Judgment
(August 4, 2016), the Democracy has been turned over its head in
Delhi…..elected Council of Ministers headed by CM becomes symbolic n selected
Lt Governor the Executive…………….)
NOTE:
What is
President Rule under Articles 356/357….Elected government of the State is dismissed by the President (ie Central government)…Governance
of State taken over by President (Central
government)… then power delegated to
Governor of the State….President (Central Government) or Governor NOMINATE some ADVISORS….Governor governs the State
aided by said NOMINATED ADVISORS and State bureaucracy….Power of legislature of
State exercisable by the Parliament or
under authority of Parliament…usually such power is delegated to President (Central
government) and then delegated to the Governor….Meaning thereby, pursuant to
MHA notification dt 21 May 2015 and Delhi HC jt dt 4-8-2016 thereon, Delhi is under
full-fledged President Rule without invoking Articles 356 and 239AB (with
only difference that in place of NOMINATED ADVISORS , the Delhi is having
ELECTED ADVISORS in the form of elected legislature and elected council of
ministers headed by a Chief Minister)
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