Case Analysis: Government Of NCT Of Delhi Vs. Union Of India

Kartikay Singhal, Jindal Global Law School

Introduction

The provision for legislature through Article 239AA was added to the constitution of India to uphold the spirit of Federalism,2 where the people of Delhi ought to have a democratically elected government representing them at the local level as well. The reason behind Delhi not being granted full statehood instead, can be assumed as Delhi being the capital of India needs to have extra-control by the Union Government as it is always in the Global eye, directly representing India.

This landmark constitutional case was the result of an appeal filed by the government of NCT of Delhi against the Delhi High Court judgment, which observed that the Lieutenant Governor exercised complete control over all matters relating to the NCT of Delhi. Essentially, the scope of powers of the Lieutenant Governor (hereinafter referred to as the LG) and Government of NCT of Delhi are being looked at closely by the Supreme Court of India. This case is unique to NCT of Delhi because even though Delhi is not a State, it has a legislature like one as per article 239AA of the constitution of India.