Indian Polity & Constitution
In News: Vinai Kumar Saxena is appointed as Delhi’s new Lieutenant Governor by President of India
The Lieutenant Governor and the NCT Delhi:
Constitutional provisions:
- Under Article 239 of the Constitution of India, the administration of UT’s is handled by an administrator appointed by the President of India.
- However, the Constitution (Sixty-ninth Amendment) Act, 1991 introduced Article 239AA which created an elected Legislative Assembly and a Council of Ministers including a Chief Minister for NCT Delhi.
- This Assembly has the power to make laws for NCT Delhi with respect to any of the matters under the State or Concurrent Lists (except public order, police and land matters).
- The Lieutenant Governor (LG) of Delhi was designated the Administrator of the NCT Delhi.
Powers of Lieutenant Governor:
- He/She acts on the aid and advice of the Council of Ministers, except when he/she is compelled to act in his/her discretion.
- If the LG and the Ministers disagree on any issue, the LG shall refer it to the President for decision and act accordingly.
- When such a decision is pending with the President, it shall be competent for the LG to take prompt action in any scenario where the matter (in his opinion) is urgent.
- Under Article 239AB, the President may, on receipt of a report from the LG or otherwise, suspend the operation of any provision of Article 239AA by order when a situation arises in which the administration of the NCT cannot be carried out in accordance with the provisions of Article 239AA.
Source: Indian Express
