Judgement of the Supreme Court of India regarding powers exercisable by and functions of the elected Government of NCTD, 14/02/2019

  • 14/02/2019

Judgement of the Supreme Court of India in the matter of Govt. of NCT of Delhi Vs Union of India dated 14/02/2019 regarding status of National Capital Territory of Delhi (NCTD) and in, particular, about administration of NCTD, powers exercisable by and functions of the elected Government of NCTD (GNCTD) vis-a-vis the Central Government (in juxtaposition to the Lieutenant Governor (LG) of GNCTD, as nominee of the President of India). All these appeals arise out of the judgment dated August 04, 2016 rendered by the High Court of Delhi in writ petitions filed before it under Article 226 of the Constitution of India.

Supreme Court upholds the judgement of the High Court of Delhi. The Judgement says that "having held that Entry 41 of List II of the Seventh Schedule of the Constitution is not available to the Legislative Assembly of GNCTD, there is no occasion to exercise any Executive power with regard to “Services” by the GNCTD, since the Executive power of the GNCTD as per Article 239AA(4) extend in relation to matters with respect to which Legislative Assembly has power to make laws. With regard to “Services” GNCTD can exercise only those Executive powers, which can be exercised by it under any law framed by the Parliament or it may exercise those Executive powers, which have been delegated to it". 

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