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IASbaba-Big Picture RSTV Analysis- LG vs CM

  • IASbaba
  • June 21, 2015
  • 6
Rajya Sabha-Big Picture
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IASbaba-Big Picture RSTV Analysis- Lt.Governor vs Chief Minister

 

  • The turf war in Delhi between Lt. Governor and Delhi Chief Minster has sparked a new debate.
  • Every successive government in Delhi has been undergoing this tussle and is asking for more power. But, since it is not a full-fledged state many powers lie with the central government.
  • Article 239AA of the Indian Constitution says that the Delhi Government does not have powers to enact laws on Public Order, Police and Land. But, rule 45 of the transaction of business rules says that Delhi government can have powers on these three subjects if there is an order issued by the Central Government.
  • There should be a harmonious functioning between the Lt. Governor and Chief Minister and People too expect the same.
  • It is true that the Delhi Government is a democratically elected government with overwhelming majority.
  • But, the constitution and National Capital Region Act have laid down the framework within which the Delhi governance has to be carried out.
  • These laws clearly demarcate the powers that the elected government will have and discretionary powers given to the Lt. Governor.
  • Article 239 AA also says that except for the three reserved areas the Delhi state legislature can enact laws on all subjects in the state list and Concurrent list.
  • Transaction of business rules says that before appointing a chief secretary a reference has to be made to the central government.
  • Transaction of business rules relates to issues on which the governor acts only on the advice of the Council of Ministers. It means that it is necessary to involve the council of ministers in appointing the chief secretary.
  • If difference of opinion arises then the Lt. Governor can refer the Matter to the President and if there is urgency the Lt Governor can take an immediate decision.
  • Rule 4 of Transaction of Business Rule makes abundantly clear that the minister in-charge of a department shall be primarily responsible for disposal of the business pertaining to that department.
  • Chapter IV and V of the Transaction of Business Rule outlines the method for disposal of business relating to Lt. Governor executive functions and procedure to be followed in case of difference of opinion between Lt. Governor and a minister/council of ministers.
  • In case of a dispute or difference of opinion between LG and council of ministers, Lt. Governor should call the minister concerned to discuss the matter.

Mains Questions:

  1. There should be a harmonious functioning between the Lt. Governor and Chief Minister in the National capital region”. Critically Analyze.
  2. Give an account on the powers and responsibilities of Lt. Governor in national territory?

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