Q. Whether the Supreme Court Judgment (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (250 words, 15 marks)

Answer:

Approach:

Introduction

  • Briefly introduce the context of the political tussle between the Lt. Governor and the elected government of Delhi and the Supreme Court judgment of July 2018.

Body

  • Discuss the key points of the Supreme Court judgment and examine whether it can settle the political tussle between the Lt. Governor and the elected government of Delhi.

Conclusion

  • Summarize the possible implications of the judgment on the governance of Delhi and the need for cooperation between the Lt. Governor and the elected government.

Introduction:

The political tussle between the Lt. Governor and the elected government of Delhi has been a long-standing issue, centered around the division of powers and responsibilities in the governance of the National Capital Territory of Delhi. In July 2018, the Supreme Court of India delivered a significant judgment aiming to clarify the roles and powers of the Lt. Governor and the elected government.

Body:

Key points of the Supreme Court judgment (July 2018):

  • Constitutional interpretation: The Supreme Court held that the Lt. Governor is bound by the aid and advice of the Council of Ministers of Delhi, except in matters related to land, police, and public order.
  • Harmonious interpretation: The judgment emphasized the need for a harmonious interpretation of Article 239AA, which governs the special status of Delhi, to ensure a balance of power between the Lt. Governor and the elected government.
  • Consultation and cooperation: The court observed that the Lt. Governor should not interfere in the day-to-day functioning of the elected government and should work in consultation and cooperation with the Council of Ministers.

Examination of whether the judgment can settle the political tussle:

  • Clarification of powers: The judgment provides a clear demarcation of powers and responsibilities, which can help in reducing conflicts between the Lt. Governor and the elected government.
  • Legal framework: The judgment sets a legal framework that both parties can rely on to resolve disputes, thus potentially reducing instances of political confrontation.

However, there are factors that may limit the impact of the judgment:

  • Interpretation issues: The judgment leaves room for interpretation in certain areas, which may lead to differing opinions and further conflicts between the Lt. Governor and the elected government.
  • Political dynamics: The political tussle between the Lt. Governor and the elected government is often influenced by the larger political dynamics at the central and state levels, which may not be entirely resolved by the judgment.

Conclusion:

The Supreme Court judgment of July 2018 offers a legal framework clarifying the roles and powers of Delhi’s Lt. Governor and elected government, but it may not completely resolve their political tussle. The judgment’s effectiveness depends on both parties’ willingness to cooperate, constructively interpret the ruling, and prioritize citizens’ interests. Cooperation and consultation between the Lt. Governor and elected government are crucial for efficient governance and citizens’ well-being in Delhi.

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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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