Government of NCT of Delhi v. Union of India (2018) 8 SCC 501

Quick Summary

This case explains how power is shared in Delhi under Article 239AA. The Court said the Lieutenant Governor (LG) is not a separate, rival executive. However, Delhi’s elected government (GNCTD) does not get full control over “services” because the Delhi Assembly has no legislative entry over services (Entry 41, List II). GNCTD can act only when a law or valid delegation gives that power.

• Court: Supreme Court of India (Constitution Bench)
• Citation: (2018) 8 SCC 501
• Jurisdiction: Delhi (Union Territory with special features)

Issues

1. If GNCTD has resources, can it issue posting orders for public services on its own, or must the President approve?
2. Can GNCTD issue executive orders under the Delhi Electricity Reforms Act, 2011 and the Delhi Electricity Reforms (Transfer Schemes) Rules, 2001 without first seeking the LG’s opinion or approval?
3. Under Section 24 CrPC (appointment of Public Prosecutors), does the LG have exclusive authority to the exclusion of GNCTD?

Rules

If a Delhi Assembly law conflicts with a law made by Parliament on the same subject, the Parliamentary law prevails. This is true whether the Delhi law came before or after, and even if it had the President’s assent. Parliament can also amend, repeal, or replace such law later.

• Article 239AA(4): GNCTD may exercise executive power where the Assembly can make laws; services are outside unless power is granted by statute or delegation.
• Entry 41, List II: “State public services” — not available to Delhi’s Assembly.
• Repugnancy principle: Parliament’s law overrides conflicting Delhi law.

Arguments

• If a Delhi law is reserved and assented to by the President, it operates in Delhi. Yet, Parliament can still legislate later on the same subject to amend or repeal it.
• Since the Assembly has no entry over services (Entry 41 List II), GNCTD has no independent executive power over services except where a statute or valid delegation grants it.
• Under Article 239AA(4), GNCTD can act where it can legislate. Therefore, for “services,” the power must come from Parliament’s law or delegation.
• LG’s role: The LG should maintain a neutral, constitutional balance with the Council of Ministers, not act as an adversary.

Ratio (Core Principle)

Delhi’s executive power follows its legislative power under Article 239AA(4). Because the Delhi Assembly lacks legislative competence over “services” (Entry 41 List II), GNCTD cannot claim executive control over services unless a statute or delegation gives it. Parliament’s supremacy on conflicting subjects remains.

Why It Matters

• Clarifies the unique federal design for Delhi.
• Defines the LG–GNCTD working relationship.
• Sets clear limits on services and the need for statutory backing or delegation.
• Reaffirms Parliament’s override power over Delhi laws.

Key Takeaways

Mnemonic + 3-Step Hook

Mnemonic: “DELHI SERVES BY STATUTE”

1. DELHI → Article 239AA (Delhi’s special status)
2. SERVES → Services not with GNCTD by default (Entry 41 out)
3. BY STATUTE → Power must come from law or delegation

3-Step Hook: Ask “Is there legislative entry?” → Check “Any statute or delegation?” → Act “Then GNCTD can execute.”

IRAC Outline

Issue: Control over services and the LG’s role under Article 239AA; effect of President’s assent and Parliament’s power.

Rule: Executive follows legislative competence (Art. 239AA(4)); Entry 41 List II not with Delhi; Parliament prevails on conflict.

Application: Delhi Assembly lacks Entry 41 → GNCTD needs statutory or delegated source to handle services; LG not adversarial but constitutional actor.

Conclusion: GNCTD’s power over services is limited; LG acts with balance; Parliament retains the final say on conflicting subjects.

Glossary

Article 239AA

Constitutional provision for Delhi’s special status and power-sharing.

Entry 41, List II

“State public services” entry in the State List — not available to Delhi Assembly.

Repugnancy

When two laws clash on the same subject, Parliament’s law overrides.

Section 24 CrPC

Provision dealing with appointment of Public Prosecutors.

FAQs

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