The union cabinet has given approval to the new amendment to the Government of NCT of Delhi (GNCTD) Act which makes it mandatory for the Delhi government to send legislative proposals for the LG’s opinion 15 days in advance and seven days for administrative proposals.

Approval by the cabinet has once again given rise to the old debate of LG’s power and role vs. the Delhi government’s mandate. And, it is in this light, the SC judgment of 2018 – by five judge constitution bench – in the matter of Govt. of NCT Delhi v. UoI comes to our mind!

In this matter, the apex court clearly laid down that LG of Delhi had no independent decision-making powers and was bound to follow the “aid and advice” of the Delhi chief-minister-headed council of ministers on all matters except those pertaining to police, public order & land.

The court also mentioned that the LG still had the right to seek the president’s opinion in case of a disagreement b/w him/her & the govt. In such a case, President’s – bound by aid and advice of the union cabinet – opinion will be final & binding on both, the LG & Delhi govt.

However, such provision shall be invoked by LG only in exceptional circumstances and not in a “routine or mechanical manner”, ruled the court. #Delhi #Politics #Law #SupremeCourt