Digression From Constitutionalism By Constitutional Authorities: Power Dynamics Between Lieutenant Governor And State Government In Delhi
Avantika Sud, National Law University, Odisha
ABSTRACT:
In a recent judgement by the Hon’ble Supreme Court of India, a long- disputed confrontation between the elected Government of the NCTD and the Union Government through the Lieutenant Governor was decided by a Constitution Bench headed by CJI D.Y. Chandrachud in the favor of the Aam Admi Party. The landmark judgement came after the same specific issue of “services” could not be concluded after a split verdict in 2019.The 2023 Judgement follows a similar interpretation of Article 239AA i.e. the legislation governing the unique federal structure of Delhi, as a 2018 Judgement decided by a Constitution Bench which also included the current CJI. To understand the nature and implications of this decision, it is imperative to understand the history of Delhi’s political arena. The Judgement is welcome in the spirit of Constitutionalism, upholding principles of federalism, rule of law and democracy. However, it is also subject to modification by Acts of Parliament sought to disenfranchise Delhi by empowering the LG more than the elected government. The Hon’ble Supreme Court has indeed proven to be the “Guardian of the Constitution of India” in this case and instills the faith that it shall continue to preserve the principles of Constitutionalism in the largest democracy in the world.
