2018 (7) TMI 1426 - SC - Indian Laws

Interpretation of Statute - Article 239AA of the Constitution - Whether the inhabitants or voters of NCT of Delhi remain where they were prior to the special status conferred on the Union Territory or the amended constitutional provision that has transformed Delhi instills Prana into the cells? Held that - It would be fundamentally inappropriate to assign to the NCT a status similar to other Union territories. Article 239AA(4) is a special provision which was adopted to establish a special constitutional arrangement for the governance of the NCT, albeit within the rubric of Union territories. In interpreting the provisions of Article 239AA, this Court cannot adopt a blinkered view, which ignores legislative and constitutional history. While adopting some of the provisions of the Acts of 1963 and 1966, Parliament in its constituent capacity omitted some of the other provisions of the legislative enactments which preceded the sixty ninth amendment. The relationship between the Council of Ministers and the Administrator of the Union territory evolved as Delhi progressed from a Part C State (before the Seventh Amendment) to a Union Territory governed by legislation - As a Union territory, the position of Delhi has evolved from being administered by an Administrator Under Article 239A following the fourteenth amendment and from governance under the earlier enactments of Parliament to its present-day status as a national capital territory governed by a specific constitutional provision Article 239AA. The constitutional principle which emerges is that while Delhi presents a special case, quite unlike the other Union territories, the constitutional provisions governing it are an amalgam between national concerns (reflected in control by the Union) and representative democracy (expressed through the mandate of a Council of Ministers which owes collective responsibility to a directly elected legislature). There is no gainsaying the fact that the control by the Union, is also control of the President acting on the aid and advice of the Union Council of Ministers which in turn owes collective responsibility to Parliament. Constitutional statesmanship between the two levels of governance, the Centre and the Union territory, ought to ensure that practical issues are resolved with a sense of political maturity and administrative experience. This Court has to step in only because skirmishes between the two have raised constitutional issues of the proper distribution of executive control over the National Capital Territory. The interpretation of the Constitution has to be purposive taking into consideration the need of time and Constitutional principles. The intent of the Constitution framers, the object and reasons of a Constitutional Amendment always throw light on the Constitutional provisions. For adopting the purposive interpretation of a particular provision the express language employed cannot be given a complete go-bye - The Parliament has power to make laws for NCTD in respect of any of the matters enumerated in State List and Concurrent List. The Legislative Assembly of NCTD has also legislative power with respect to matters enumerated in the State List (except excepted entries) and in the Concurrent List. When the Constitution was enforced, executive power of Union in reference to Part C States with regard to Concurrent List was not excluded. Part C States having been substituted by 7th Constitution Amendment as Union Territories. The word 'State' as occurring in proviso to Article 73 after 7th Constitution Amendment cannot be read as including Union Territory. Reading the word 'Union Territory' within the word 'State' in proviso to Article 73 shall not be in consonance with scheme of Part VIII (Union Territories) of the Constitution. From persons holding high office, it is expected that they shall conduct themselves in faithful discharge of their duties so as to ensure smooth running of administration so that rights of all can be protected.

Issues Involved:
1. Legislative power of Parliament and GNCTD.
2. Executive power of Union (President/LG) and GNCTD.
3. Interpretation of the proviso to Article 239AA(4) regarding "aid and advice."
4. Requirement of concurrence of LG for executive decisions of GNCTD.
5. Purpose and object of communication of decisions of Council of Ministers/Minister to LG.
6. Administrative function of GNCTD and LG as delineated by the 1991 Act and the Transaction of Business Rules, 1993.

Detailed Analysis:

Legislative Power of Parliament and GNCTD:
The legislative power of the Parliament and the Legislative Assembly of the National Capital Territory of Delhi (NCTD) is defined under Article 239AA(3). The Legislative Assembly of NCTD has the power to make laws on matters enumerated in the State List and Concurrent List, except for Entries 1, 2, and 18 of the State List and related entries. Parliament retains the power to legislate on these matters as well, and in case of repugnancy, the law made by Parliament prevails unless the President has assented to the law made by the Legislative Assembly.

Executive Power of Union (President/LG) and GNCTD:
The executive power of the Union is co-extensive with its legislative power and extends to all subjects referable to List I and List II on which the Legislative Assembly of NCTD has legislative powers. The executive power of the GNCTD is also co-extensive with its legislative power. The Lieutenant Governor (LG) acts on the aid and advice of the Council of Ministers except in matters where he is required to act in his discretion by or under any law.

Proviso to Article 239AA(4):
The proviso to Article 239AA(4) allows the LG to refer any matter to the President in case of a difference of opinion with the Council of Ministers. This power is not meant to be exercised routinely but only in exceptional circumstances where it is necessary to safeguard the interests of the Union Territory. The phrase "any matter" in the proviso is broad and not restricted to specific categories of cases.

Requirement of Concurrence of LG for Executive Decisions of GNCTD:
The constitutional scheme does not require the concurrence of the LG for executive decisions taken by the Council of Ministers or Ministers of GNCTD. The LG has to be kept informed of all proposals, agendas, and decisions, but his concurrence is not necessary for their implementation. The purpose of communication is to enable the LG to exercise his powers under the proviso to Article 239AA(4) if necessary.

Purpose and Object of Communication of Decisions of Council of Ministers/Minister to LG:
The communication of decisions to the LG is intended to keep him informed and enable him to exercise his powers under the proviso to Article 239AA(4). The communication is not for obtaining concurrence but for ensuring that the LG is aware of the administration's functioning and can intervene if required.

Administrative Function of GNCTD and LG as Delineated by the 1991 Act and the Transaction of Business Rules, 1993:
The 1991 Act and the Transaction of Business Rules, 1993, provide a detailed framework for the functioning of the GNCTD and the LG. The Chief Minister is required to communicate all decisions of the Council of Ministers to the LG. The LG can call for papers relating to any proposal or matter in any department. In case of a difference of opinion, the LG can refer the matter to the President. The rules ensure that the LG is kept informed and can exercise his powers effectively.

Conclusion:
The judgment clarifies the legislative and executive powers of the GNCTD and the Union, the role of the LG, and the procedural requirements for communication and decision-making. The interpretation of Article 239AA and the related provisions aims to balance the democratic aspirations of the people of Delhi with the need for effective administration of the national capital.

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