Delhi deadlock: What Constitution says

Whatever will be the result of the tussle between Kejriwal and Jung, one thing is clear that the ambiguity over the powers of Delhi government is not going to end soon.

We are listing here few points mentioning the case of Delhi in Indian Constitution:

1. Delhi is not a full-fledged state and as per Schedule I of the Constitution it is a Union Territory.

2. But amendments to the Constitution have ensured that Delhi (and Puducherry) enjoys a special status among UTs.

3. So, while in other UTs, the will of Parliament is supreme, in the case of Delhi, which has its elected assembly, the state legislature has the right to legislate on all subjects except some such as law and order and land.

4. In case of a conflict between a law enacted by the Delhi Assembly and one enacted by Parliament, the latter  prevails.

5. The LG has the power to seek information about any matter which is likely to bring the Government of the NCT of Delhi into controversy with the Central government or with any state government.

6. Rule 45, which deals with the LG’s “Executive Functions”, allows the LG to exercise his powers in matters connected to ‘public order’, ‘police’ and ‘land’ in consultation with the Chief Minister.

7. In case of difference of opinion between the LG and the Council of Ministers, the LG must refer it to the Central government for “the decision of the President”, and is bound to abide by it.

8.  Under Clause 55 (2), subject to instructions issued by the Central government, the LG is bound to make a prior reference to the Centre with regard to proposals for the appointment of Chief Secretary and Secretary (Home) and Secretary (Lands).

Source: Latest News