8th August 2024 (7 Topics)
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Context
The recent Supreme Court of India verdict affirmed that the Lieutenant Governor (L-G) of Delhi holds independent authority to appoint aldermen to the Delhi Municipal Corporation. This decision highlights the vulnerability of the elected Delhi government to central control, questioning the effectiveness of having an elected Assembly for Delhi given its Union Territory status.
Central Control Over Delhi's Governance
- Supreme Court Verdict: The Supreme Court upheld the L-G’s independent authority to appoint aldermen, relying on legal provisions governing Centre-Delhi relations and past judgments.
- L-G's Statutory Duty: The Court emphasized that the L-G’s power to appoint aldermen is a statutory duty, not requiring the advice of Delhi's Council of Ministers.
- Union Territory Status: The verdict underscores Delhi’s status as a Union Territory, allowing the Centre significant control over its administration despite having an elected Assembly.
Implications of the Verdict
- Balance of Power: The judgment reflects the delicate balance of power between the elected government and the appointed administrator in Delhi.
- Centre's Final Authority: The Centre retains ultimate authority, with the power to enact, amend, or supersede laws made by the Delhi Assembly, effectively undermining Delhi's government.
- Political Conflicts: Ongoing political conflicts between the BJP-led Centre and the AAP-led Delhi government drive multiple legal disputes, highlighting the friction in Centre-Delhi relations.
Mains Question:
Q1. Discuss the implications of the Supreme Court's verdict on the independent authority of the Lieutenant Governor of Delhi to appoint aldermen for the governance of the National Capital Territory. How does this decision impact the balance of power between the Centre and the elected Delhi government?
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