The powers of the Lieutenant Governor of Delhi is limited by the legislative competence of the GNCTD and is bound by the advice of the GNCTD except for some exceptions.

In the struggle for power between the Lietenant Governor of Delhi and the GNCTD, the Supreme Court of India has rulked that the topics over which the GNCTD has legislative competence, the LG is bound by the advice of the GNCTD.

In light of Article 239AA and the 2018 Constitution Bench judgment, the Lieutenant Governor is bound by the aid and advice of the Council of Ministers of NCTD in relation to matters within the legislative scope of NCTD.
As we have held that NCTD has legislative power over “services” (excluding ‘public order’, ‘police’, and ‘land’) under Entry 41 in List II, the Lieutenant Governor shall be bound by the decisions of GNCTD on services, as explained above. To clarify, any reference to “Lieutenant Governor” over services (excluding services related to ‘public order’, ‘police’ and ‘land’) in relevant Rules shall mean Lieutenant
Governor acting on behalf of GNCTD.

Government of NCT of Delhi …Appellant
Versus
Union of India …Respondent
decided by the Supreme Court of India on 11.05.2023

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.