SC Raises Doubts on Legality of Delhi LG’s Powers

October 5, 2024

GS Paper II Polity

The Supreme Court of India questioned the legality and validity of the powers exercised by Delhi’s Lieutenant Governor (L-G), under Section 487 of the Delhi Municipal Corporation (DMC) Act, 1957.

The case revolves around the L-G’s directive to conduct elections to fill a vacancy in the Municipal Corporation of Delhi (MCD) Standing Committee.

Key Issues Raised by the Supreme Court

Questioning of L-G’s Powers: A bench of Justice P S Narasimha and Justice R Mahadevan raised “serious doubts” about the L-G’s authority under Section 487 of the DMC Act.
- The bench emphasised that this section allows the L-G to exercise executive powers but not to interfere with legislative functions such as elections.
Interference with Democracy: The bench pointed out the impact of such executive interference on democratic processes.
- The court made it clear that Section 487 should not be used to interrupt legislative procedures.

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Section 487 of the DMC Act

Powers of the L-G under Section 487:
It grants the L-G the power to intervene in the functioning of the Municipal Corporation of Delhi in extraordinary situations.
- However, the court has emphasized that these powers are executive in nature and should not be used to interfere with electoral processes or legislative functions.

About LG of Delhi

Administrator: The LG is the administrator of the National Capital Territory of Delhi (NCT).
The LG is the constitutional head of the NCT.
Appointed: By the President of India and serves a five-year term
Aid and advice: The LG is required to act on the advice of the Council of Ministers, except in matters where the LG is required to act independently.
Powers: The LG has specific powers under various laws, including the Delhi Municipal Corporation Act, 1957.
Nominating aldermen: The LG can nominate aldermen to the Municipal Corporation of Delhi (MCD) without the advice of the Delhi Government’s Council of Ministers.
Suspension of provisions: The President can suspend the operation of any provision of Article 239AA if the LG reports that the administration of the NCT cannot be carried out in accordance with the provisions of Article 239AA.
The administration of union territories in India is governed by Articles 239 to 241 of Part VIII of the Constitution.
President’s role: The President administers union territories through an appointed administrator.

Administration of UTs in India

The administrators of Union Territories (UTs) in India are called Lieutenant Governors (LGs) or Chief Commissioners, depending on the UT.
- Lieutenant Governor: The administrator of Andaman and Nicobar Islands, Delhi, and Puducherry
- Chief Commissioner: The administrator of Chandigarh, Dadra and Nagar Haveli, Daman and Diu, and Lakshadweep
- The President can also appoint a state’s Governor as an administrator of an adjacent union territory for example, the Governor of Punjab is also the Administrator of Chandigarh
Legislatures: Parliament can create legislatures for union territories through Article 239A.
President’s regulations
The President can make regulations for the peace, progress, and good governance of certain union territories.
- These regulations have the same force and effect as an act of Parliament.
The administration of union territories is not uniform.
Special provisions for Delhi: Article 239AA provides special provisions for the National Capital Territory of Delhi.

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Aspect	Governor	Lieutenant Governor of Delhi
Constitutional Basis	Article 153 of the Indian Constitution establishes the office of Governor for each state.	Article 239AA provides for the LG in Delhi as a Union Territory with a legislative assembly.
Executive Powers	Exercises executive authority under Article 154; appoints ministers (Article 164).	Exercises executive powers but often requires central government approval. Acts more like a central representative.
Legislative Role	Summons and prorogues the state legislature (Article 174); can dissolve the assembly (Article 172).	Can summon and prorogue the Delhi Assembly, but legislation requires the President’s assent (Article 239AA).
Veto Power	Can assent to bills, withhold assent, or return bills (Article 200).	Has no veto power over Delhi Assembly legislation unless it pertains to subjects on the State List.
Judicial Powers	Can grant pardons, reprieves, or remissions of punishment (Article 161).	Does not have powers to grant pardons; the judicial authority lies with the courts.
Emergency Powers	Can declare a state of emergency under Article 356, enabling President’s Rule.	Limited to central government directives; does not independently declare emergencies.
Authority over State’s Police	Commander of the state police and has authority over law enforcement.	Has limited command over police. Relies on central government forces.
Special Powers in State.	They have no special power.	Has special powers to oversee law and order, land, and police.

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