- Mock Question for UPSC Mains GS2
- Introduction (Origin of Article 239AA)
- Body#1: Why accusations of LG’s absolutism / totalitarianism?
- Body#2: SC Judgement brought clarity to LG’s role?
- Conclusion (welcome the SC judgement)
- Mistakes and Self-Assessment Benchmarks (SAB)
- Does Article 239AA provide a room for absolutism to the office of the Lieutenant Governor? Examine in the light of recent judgement of the Supreme Court. 150 words, 10 marks.
- क्या अनुच्छेद 239एए उप-राज्यपाल के पद को निरंकुशता के लिए अवकाश प्रदान करता है? सर्वोच्च न्यायालय के नवीनतम फैसले के संदर्भ में जांच करें।
- Relevance to Syllabus? Polity-> Separation of powers between various organs.
- WRONG: the recent judgement of SC has brought clarity between the function of LG and CM. (That’s conclusion)
- 69th amendment 1991 inserted Article 239AA in the Constitution. It granted Special Status to Delhi among Union Territories (UTs) by providing Legislative Assembly and a Council of Ministers responsible to such Assembly.
- Public Order, Police & Land in NCT of Delhi fall within the domain of Union Government.
- For remaining matters of State List or Concurrent List, will be under the Legislative Assembly. The associated executive functions will be carried out by the Lieutenant Governor (LG) with the aid and advise of the CM and his council of ministers.
- If there is a difference of opinion between LG and Council of ministers, the matter shall be referred to the President of India.
- 2015: AAP Government vs LG Najeeb Jung. Conflict over bureaucratic appointments, including who should be promoted as the chief Secretary of Delhi.
- AAP government blaming the LG of not clearing the schemes/initiatives/files related to health, education, PDS, transport, etc. and routinely referring every matter to President.
- AAP Government tried keep the parliamentary Secretaries outside the ambit of the Office of Profit, by passing a bill. LG referred the matter to President, President refused to assent. Consequently, EC disqualified 21 AAP MLAs.
Above points only for your understanding. In exam, just write conflicts over clearing files, schemes, transfer, appointments and promotions.
2018-July, SC ordered that:
- Delhi cannot be accorded status of a State. LG will be advised by Union government on the matters of public order, police and land.
- For remaining subjects, L-G has no “independent decision-making power” and has to act on the aid and advice of the elected government. e.g. health, education, PDS, transport, etc.
- Council of Ministers must keep him informed of all the decisions.
- But, LG concurrence not required for decisions taken by the Delhi Council of Ministers.
- When difference of opinion arises on “any matter”, the L-G can’t take a decision or force a decision on the cabinet. He has to refer such matter to the President of India.
- But, LG should not act in a mechanical manner without applying mind and forwarding every decision of the Council of Ministers to the President of India.
- In other words, L-G must work “harmoniously” with the ministers and not seek to “resist them every step of the way”.
- None of this will apply to Puduchhery because it’s governed under Article 239A.
In exam, just compress above judgement around the points that police, land, public order under union, and for rest matters LG should act according to ministers’ advice without referring every matter to President in a mechanical manner.
- Thus, recent judgement of Supreme Court has reinstated the balance between authority and responsibility of the Lieutenant Governor and minimised his absolutism. OR
- For Delhi’s development, the harmonious / coordination relations between LG and CM is necessary. SC has done a laudable job by clearing the ambiguity surrounding the Article 239AA. OR
- (For 250 words Ans.) In the parliamentary form of democracy, CM is the real-executive / de-facto executive of the state. At the same time, given the special issues associated with Delhi (such as Capital of India, Seat of Union Executive, National Security etc.) it’s not desirable to treat it like rest of the states. SC judgment has upheld the federal scheme and spirit of the Constitution, while balancing the practicalities associated with governing the state and governing the country from Delhi. OR
|Introduction and Conclusion||0-1-2||
|Body||0 to 4 marks||
|Logical structure||-1 to 0||
|Concise expression||-1 to 0||
|Language||-1 to 0||
|Total Marks out of 10||0 to 6||
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