2018 Supreme(SC) 699

SUPREME COURT OF INDIA
DIPAK MISRA, CJI., A.K. SIKRI, A.M. KHANWILKAR, Dr D.Y. CHANDRACHUD, ASHOK BHUSHAN, JJ.
Government of NCT of Delhi – Appellant
Versus
Union of India & Another – Respondents
CONTEMPT PETITION (CIVIL) NO. 175 OF 2016, WRIT PETITION (CRIMINAL) NO. 539 OF 1986, CIVIL APPEAL NO. 2357, 2358, 2359, 2360, 2361, 2362, 2363 & 2364 OF 2017, CRIMINAL APPEAL NO. 277 OF 2017
Decided on : 04-07-2018

IMPORTANT POINTS
The safe and most sound approach for interpretation of Constitution is to read the words in the light of the spirit of the Constitution. The Courts must adopt such an interpretation which glorifies the democratic spirit of the Constitution.
The elected representatives must display constitutional objectivity as a standard of representative governance which lays stress on constitutional ideologies.
Constitutional morality means the morality that has inherent elements in the constitutional norms and the conscience of the Constitution.
All the three organs of the State must remain true to the Constitution by upholding the trust reposed by the Constitution in them.
Our Constitution contemplates a meaningful orchestration of federalism and democracy to put in place an egalitarian social order, a classical unity in a contemporaneous diversity and a pluralistic milieu in eventual cohesiveness without losing identity. Sincere attempts should be made to give fullfledged effect to both these concepts.
Acceptance of pragmatic federalism and achieving federal balance has become a necessity.
The purposive method of interpretation has gained importance over the literal approach. The spirit and conscience of the Constitution should not be lost in grammar.
NCT of Delhi cannot be accorded the status of a State. The status of the Lieutenant Governor of Delhi is not that of a Governor of a State, rather he remains an Administrator, in a limited sense, working with the designation of Lieutenant Governor.
The directly elected Legislative Assembly of NCT shall have legislative powers over matters falling within the State List and the Concurrent List, barring those excepted, and a mandate upon the Lieutenant Governor to act on the aid and advice of the Council of Ministers except when he decides to refer the matter to the President for final decision.
The Parliament has the power to make laws for the National Capital Territory of Delhi with respect to any matters enumerated in the State List and the Concurrent List. At the same time, the Legislative Assembly of Delhi also has the power to make laws over all those subjects which figure in the Concurrent List and all, but three excluded subjects, in the State List.
The executive power of the Government of NCTD is coextensive with the legislative power of the Delhi Legislative Assembly and, accordingly, the executive power of the Council of Ministers of Delhi spans over all subjects in the Concurrent List and all, but three excluded subjects, in the State List.
If the Parliament makes law in respect of certain subjects falling in the State List or the Concurrent List, the executive action of the State must conform to the law made by the Parliament.
The Lieutenant Governor of NCT of Delhi is bound by the aid and advice of the Council of Ministers so long as he does not exercise his power under the proviso to clause (4) of Article 239AA. The Lieutenant Governor has to either act on the 'aid and advice’ of Council of Ministers or to implement the decision taken by the President on a reference being made by him.
The words “any matter” employed in the proviso to clause (4) of Article 239AA cannot be inferred to mean “every matter”. The Lieutenant Governor should not act in a mechanical manner without due application of mind so as to refer every decision of the Council of Ministers to the President. The difference of opinion between the Lieutenant Governor and the Council of Ministers should have a sound rationale.
Fulfillment of constitutional idealism ostracizing anything that is not permissible by the language of the provisions of the Constitution and showing veneration to its sense, spirit and silence is constitutional renaissance. The Lieutenant Governor and the Council of Ministers headed by the Chief Minister are to constantly remain alive to this idealism.
The expression ‘state’ in Article 246(4) will not include a Union territory and the definition contained in the General Clauses Act will not apply to Article 246(4).
If the expression ‘any matter’ were to be read as ‘every matter’, it would lead to the President assuming administration of every aspect of the affairs of the Union territory, thereby resulting in the negation of the constitutional structure adopted for the governance of Delhi
The proviso to Article 239AA is in the nature of a protector to safeguard the interests of the Union on matters of national interest in relation to the affairs of the National Capital Territory.
The interpretation of the Constitution has to be purposive taking into consideration the need of time and Constitutional principles.
The word 'State' as occurring in proviso to Article 73 after 7th Constitution Amendment cannot be read as including Union Territory.
Executive power of the Union is coextensive on all subjects referable to List II and III on which Legislative Assembly of NCTD has also legislative powers.

Headnote:Dipak Misra, CJI (for himself, A.K. Sikri and A.M. Khanwilkar, JJ.)

       (a) Interpretation of Constitution – Considerations – Constitutional pragmatism, sanctity of objectivity, realization of the purpose, sacrosanctity of democratic structure, constitutional trust and morality, and decentralization of power – “Confluence of the idea and spirit of the Constitution” – Democratic nature of the Constitution and paradigm of representative participation comprised in “spirit of the Constitution”. (Para 4, 5, 11)

       1951 SCR 228; (1971) 1 SCC 85; (1976) 2 SCC 310; (1993) 4 SCC 441 – Relied upon

       (b) Constitution of India – Article 239AA and 239AB r/w 1991 Act– a

       Constitutional law – Representative form of governance – Public accountability – Accessibility and approachability – Constitutional morality – Theory of "checks and balances" – "Constitutional objectivity" – To be equally followed by Executive and Legislature. (Para 54, 55, 59, 61, 62, 64)

       (2000) 4 SCC 640; (2014) 9 SCC 1; (2015) 3 SCC 467; AIR 1993 SC 477 – Referred

       (c) Constitutional law – Supremacy of Constitution, the suprema lex – “Checks and balances" and "separation of powers" – Collective responsibility – Of immense significance in the context of ‘aid and advice’ of the Council of Ministers, (Para 67, 68, 78, 83)

       (2018) 7 SCALE 106; (2001) 7 SCC 231; (2014) 9 SCC 1; (2000) 4 SCC 309; 1990 (2) SCALE 836; (1978) 2 SCR 1; (1999) 6 SCC 667 – Referred

       (d) Constitutional law – Democracy – Faith of people in democratic process – Right to vote – Trust reposed in and responsibility of elected representatives – Democracy needs to be protected, preserved and sustained – Good governance sine qua non for a healthy democracy. (Para 88, 89, 91)

       AIR 1978 SC 851; AIR 1980 SC 1362; AIR (1973) SC 1461; AIR 1975 SC 2299; (1995) 4 SCC 611; AIR 2006 SC 3127; (2014) 9 SCC 1 – Relied upon

       (e) Constitutional law – Federalism – India having a democracy which is quasifederal in nature – Interpretation of constitution should not whittle down the powers of the State Legislature and preserve federalism while also upholding the central supremacy – Unity and the territorial integrity of India – Special feature of our constitutional federalism – Collaborative federalism – Calls for coordination amongst the Union and State Governments – Negotiation and coordination to iron out differences. (Para 98, 104, 106, 107, 109, 117)

       AIR 1965 SC 745; (1978) 2 SCR 1; AIR 1974 SC 2192; (1994) 3 SCC 1; (2002) 9 SCC 23; AIR 2006 SC 3127 – Relied upon

       301 U.S. 495, 525 – 26 (1937) – Referred

       (f) Constitutional law – Pragmatic federalism – Constitution broadly having a federal character, and also having unitary features – Power of Parliament to alter or change the areas, boundaries or names of the States; in emergency, to make laws in relation to matters under the State List, give directions to the States and empower Union officers to execute matters in the State List; prevalence of Union Law in case of inconsistency between the Union and the State laws; Power of a Governor to reserve the bill passed by the State Legislature for consideration of the President, the President not being bound to give his assent to such a bill; dissolution of a State Legislature and imposition of President’s rule either on report of Governor or otherwise upon failure of constitutional machinery in the State – Pragmatic federalism incorporates traits and attributes of sensibility and realism – It leans on the principle of permissible practicability – It has inbuilt ability to constantly evolve with the changing needs and situations. (Para 121, 125, 126)

       (1994) 3 SCC 1– Relied upon

       (g) Constitutional law – “Federal balance” – Between federalism and centralism – Role of the Court in ensuring the federal balance assumes great importance. (Para 127, 131)

       Special Reference No. 1 of 1964; (2017) 2 SCC 585 – Relied upon

       (h) Interpretation of Constitution, an organic and living document – Acknowledged as sui generis in nature – Words in the constitution having many a concept – Should interpretation of constitution be historical interpretation or contemporaneous interpretation – Discretion of Judges – Rules of statutory interpretation can serve as a guide – Constitutional courts, while interpreting constitution, not required to strictly comply with these rules – In a controversy arising out of a constitutional provision, Courts primary responsibility is to work out a solution. (Para 134, 135, 139, 140, 141)

       AIR 1993 SC 1804; (1993) 4 SCC 441 – Relied upon

       60 U.S. (19 How.) 393 (1857); 290 U.S. 398 (1934); 300 US 379 (1937); 17 US (4Wheat) 316 (1819); 285 US (1932); 339 US (1950); 345 US(1953); 69 F. 2d 809, 810-II (1934); [1984] 2 SCR 145; [1930] AC 124 – Referred

       (i) Interpretation of constitution – Should not be confined to literal rule, especially if it would not serve fructification of rights and values expressed in the Constitution – In such case Courts should resort to purposive interpretation – Purposes may be subjective as well as objective. (Para 146, 156)

       (2001) 7 SCC 126; (1997) 5 SCC 201; (2011) 7 SCC 179; (2006) 8 SCC 202 – Relied upon

       [1991] 2 AC 240; (2003) UKHL 13 : (2003) 2 AC 687 : (2003) 2 WLR 692 (HL); 148 F 2d 737 (2d Cir 1945) – Referred

       (j) Constitutional law – Constitutional culture – Set of norms and practices giving life to text of the Constitution – The conceptual normative spirit transforming the Constitution into a dynamic document – Constantly enabling the words in the Constitution to keep in stride with the rapid and swift changes occurring in the society – State and the people both responsible for fostering this culture – For this a pragmatic approach of interpretation has to be adopted by Courts – Creativity, practical applicability and perception of reality from the societal perspective must be considered while interpreting constitution. (Para 158, 159, 161, 170)

       (2016) 5 SCC 1; AIR 1978 SC 215; AIR 1993 SC 477; (1978) 1 SCR 423 – Relied upon

       (k) Constitution of India – Article 239 – Union Territories to be administered by the President through an Administrator appointed by him, independently and autonomously. (Para 173, 174)

       AIR 1974 SC 2192; (2013) 1 SCC 403 – Relied upon

       (l) Constitution of India – Article 239AA and Article 246 – All Union Territories not on same pedestal – NCT of Delhi not a State within the meaning of Article 246 or Part-VI – It remains a UT even after special status conferred by SixtyNinth Amendment governed by Article 246(4) – a (Para 191,

       (1982) 2 SCC 222; AIR 1963 SC 1760 : (1964) 3 SCR 787; (1997) 7 SCC 339 – Relied upon

       AIR 1974 SC 2192 – Referred

       (m) Constitution of India – Article 239AA r/w Article 74 and 163 – President almost always bound by aid and advice of the Union Council of Ministers – Governor, however, may act in his discretion only where so permitted by an express provision of the Constitution – Lieutenant Governor of Delhi, even in matters within legislative powers of Delhi Legislative Assembly not bound by aid and advice of council of Ministers – In case of dispute, matter to be referred to the President for a binding decision – NCT of Delhi cannot be accorded status of a State – Lieutenant Governor of Delhi remains an Administrator working with the designation of Lieutenant Governor. (Para 194, 195, 196)

       (n) Constitution of India – Article 239AA(3)(a) and (4) – Executive power of the Government of NCT of Delhi is conterminous with the legislative power of the Delhi Legislative Assembly. (Para 199)

       (o) Constitution of India – Article 73, Proviso – “State” in the Proviso – Cannot be read to mean Union Territory. (Para 200)

       (p) Constitution of India – Articles 239AA and 239AB – With Legislative Assembly, Council of Ministers and the Westminster style cabinet system of government, NCT of Delhi is a class by itself – Executive power of Government of NCT of Delhi coextensive with the legislative power of the Delhi Legislative Assembly – Union having limited executive power in respect of NCT of Delhi – Restricted to those matters for which legislative power of Delhi Legislative Assembly has been excluded under Article 239 AA (3) (a). (Para 219)

       AIR 1955 SC 549 – Relied upon

       AIR 1974 SC 2192; (1982) 2 SCC 222 – Referred

       (q) Constitution of India – Articles 239AA – “On any matter” – “Any” – Can have different meanings depending on the context – It must not be mechanically interpreted to mean 'every' – Lieutenant Governor therefore cannot every decision of the Government to the President – There has to be some valid grounds therefor – Proviso to Article 239AA(4) cannot be interpreted in a strict sense of the mere words employed – Article 239AA does not perceive a situation of constant friction and difference. (Para 227, 232, 233, 234, 236)

       (1987) 2 SCC 707; AIR 1993 SC 412; (1969) 1 SCC 839; AIR 1958 SC 353 – Relied upon

       (1970) 2 SCC 272; 544 U.S. 385 (2005); 16 U.S. 3 Wheat .610610(1818); [1892] 1 QB 817 – Referred

       (r) Government of National Capital Territory of Delhi Act, 1991 – Section 41 r/w Article 239AA(4) and its Proviso, Constitution of India – Aid and advice of council of Ministers – Binding on Lieutenant Governor so long the powers under the Proviso is not exercised. (Para 242)

       (s) Government of National Capital Territory of Delhi Act, 1991 – Section 45 – Chief Minister to communicate to the Lieutenant Governor all decisions of the Council of Ministers and proposals for legislation – Not for obtaining concurrence of the Lieutenant Governor – Object is to enable the Lieutenant Governor to exercise the power conferred upon him by the proviso to clause (4) of Article 239AA, constitution of India. (Para 247)

       Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993 – Rule 49 and 50 – The approach of dialogue, settlement by discussion and suppressing conflicts by harmonious coexistence should also be adopted in case of difference of opinion between the Lieutenant Governor and the Council – Communication to Lieutenant Governor not to obtain his concurrence or permission – But to enable him to scrutinize the said proposals, agendas and decisions in order to exercise his powers under clause (4) of Article 239AA – Lieutenant Governor and Council of Ministers should work in harmony. (Para 262, 263, 265, 268)

       (t) Interpretation of statutes – External aid – Reports of the committee preceding enactment of a legislation – Can be taken help for – However, instantly, when the Court analyzes every aspect in detail there will be no need to take help of such report. (Para 270)

       [1975] AC 373; (1989) AC 571; (1969) 2 AC 313; (1975) AC 591; (1984) 2 SCC 183; (2002) 3 SCC 676; (2002) 8 SCC 481 – Referred

       (u) Constitutional law – Constitutional renaissance – 1991 Act and the TBR, 1993 conceive of discussion, deliberation and dialogue – Exercise of entitlement to differ has to be based on principle and supported by cogent reasons – The LG and the Council of Ministers should primarily strive for a solution. (Para 276)

       Per Dr. D.Y. Chandrachud, J. (Coalescing)

       (v) Constitutional law – Rule of law – How citizens respond to their statesmen has a powerful role in giving meaning to the fine print of law. (Para 3)

       (w) Constitutional law – Constitutional morality – Should guide core values of Indian democracy, to be protected and sustained – It has to be cultivated and learned. (Para 6, 7)

       (x) Constitutional law – Constitutional morality – Not only allegiance to substantive provisions and principles of the Constitution – Signifies a constitutional culture which each individual in a democracy must imbibe – Consensual decision making – Balances popular morality – It requires existence of sentiments and dedication for realizing the cherished social transformation – Provides enabling framework that allows a society the possibilities of self-renewal. (Para 9, 11, 12, 13)

       (y) Interpretation of Constitution – Aspects to be kept in mind – The Constitution is an expression of the sovereignty of the people – It seeks to achieve its vision of a political and social ordering on the basis of democracy – It recognises the aspirations of popular sovereignty – It adopts a republican form of government vesting the powers of sovereignty in the people which are exercised directly or through their elected representatives – It has a secular ideology. (Para 19, 113)

       AIR 1973 SC 1461; (1951) 2 SCR 228; (1970) 2 SCC 272; (1972) 3 SCC 717; (2006) 7 SCC 1; (2014) 9 SCC 1 – Relied upon

       (z) Constitutional law – Constitutional amendment – Does not reflect deficiency of its original text – Basic structure like republican form of democratic government and preservation of basic human freedoms beyond amending power – Basic structure doctrine and power of judicial review. (Para 21, 22, 23)

       (2017) 10 SCC 1; (1973) 4 SCC 225; (1994) 3 SCC 1; 1992 SCC Supl. (2) 651; (2007) 2 SCC 1 – Relied upon

       (aa) Constitution of India – Article 239AA – Creating NCT of Delhi and its Legislative Assembly – Assembly having powers to legislate in regard to the entries in the State and Concurrent lists to the extent to which they apply to a Union territory – In addition it is debarred from legislating on subjects under Entries 1, 2 and 18 under the State List; and Entries 64, 65 and 66 in so far they relate to Entries 1, 2 and 18 – That apart, Parliament has legislative power over State as well as Concurrent List subjects – Thus legislative powers are circumscribed firstly, by carving out certain subjects from its competence (vesting them in Parliament) and secondly, by enabling Parliament to enact law on matters falling both in the State and Concurrent lists – Moreover, even in the subjects assigned to it, the legislative authority of the Assembly is not exclusive and is subject to laws which are enacted by Parliament. (Para 29)

       (ab) Constitutional law – Cabinet form of Government – Collective responsibility – A political responsibility– All the Ministers are treated as one entity – Ministers must accept responsibility for every executive act – Government politically responsible for decisions and policies of each of the Ministers and of his department – However, individual ministerial decisions do not always generate collective legal responsibilities – Collective responsibility of Council of Ministers ensures accountability to the legislature and to the electorate. (Para 36, 37)

       (1955) 2 SCR 225; (1970) 1 SCC 443; (1974) 2 SCC 831; (1977) 4 SCC 608; (1999) 6 SCC 667; (2012) 3 SCC 64; (2010) 6 SCC 113; (2017) 3 SCC 1; 2017(2) SCALE 292 – Relied upon

       (ac) Constitution of India – Article 74 – Aid and advice – President is bound by the aid and advice of the Council of Ministers – Collective responsibility and aid and advice are mutually reinforcing principles – Doctrine of aid and advice enhances accountability and responsive government. (Para 40, 41, 43)

       (1971) 2 SCC 63; (1974) 2 SCC 831; (2005) 2 SCC 92; (2016) 8 SCC 1; 1992 SCC Supp. (2) 651 – Relied upon

       (ad) Constitutional law – Executive power vested in Council of Ministers of NCT of Delhi – Co-extensive with the legislative power of the legislative assembly – Council of Ministers aids and advises the Lieutenant Governor – Thus Lieutenant Governor acts on basis of such aid and advice – Save and except in regard to areas reserved for exercise of his discretion, the Lieutenant Governor must act on the aid and advice tendered by Council of Ministers. (Para 44)

       (ae) Constitution of India – Article 239AA(4) Proviso – “Difference of opinion” and “on any matter” – Lieutenant Governor must either abide by the aid and advice tendered by the Council of Ministers or, in the event of a difference of opinion, reserve it for a decision by the President and thereupon be bound to act in accordance with it. (Para 45)

       (af) Constitution of India – Article 239AA(7) – Parliament empowered to implement and to supplement other provisions of Article 239AA – Any law thus made would not amount to constitutional amendment even if it amends or has the effect of amending any provision of the Constitution – Article 362. (Para 47)

       (ag) Constitution of India – Article 239AA – NCT Delhi is and continues to be a Union territory – Application of Article 239 not excluded – Article 239AA to be read in conjunction with Article 239 – President empowered by Article 239AB to suspend operation of Article 239AA or of any provision of law made under it and thereupon to make consequential provisions for the administration of the NCT in accordance with Articles 239 and 239AA. (Para 54)

       (ah) Constitution of India – Article 239AA(4) Proviso – Difference of opinion – Areas of reference – Subjects excluded from legislative power of the Legislative Assembly. (Para 55)

       (ai) Government of National Capital Territory of Delhi Act 1991 – Sections 3, 5, 22, 24, 27, 29, 30, 41, 45 and 52 – Direct election to Legislative Assembly having tenure of five years – Lieutenant Governor can assent to a Bill, withhold assent or reserve the Bill for consideration of the President – Lieutenant Governor having wider powers than a Governor – Act providing for significant interface between the President and the Lieutenant Governor. (Para 77, 78, 80, 87)

       (aj) Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993 – Rules 4, 7, 8, 9, 25, 45, 46, 49, 50, 51, 55 – Embodying the principle of collective responsibility – Lieutenant Governor to be kept informed – An obligation and duty has been cast upon the elected government to duly keep the Lieutenant Governor informed of proposals relating to governmental business – To enable the Lieutenant Governor to take a decision for referring a matter to the President – An overriding power of control is conferred upon the President. (Para 88, 89, 90, 93, 103, 105)

       (ak) Constitution of India – Article 239AA and section 44(1), Government of Union Territories Act, 1963 – Interpretation of Constitution and interpretation of statute – Constitution being an organic document which defines the basic compact for society, cannot be interpreted in the way in which statutes are interpreted – Distinction between ordinary legislation and Constitutional amendment – Article 239AA cannot be interpreted in a way similar to interpretation of section 44(1) – Similarity of the two may only be one aspect for interpretation of Article 239AA – All Union Territories are not alike and Delhi has special features – It is neither a State nor Union Territory like any other. (Para 116, 121)

       (1997) 7 SCC 339 – Relied upon

       (1955) 1 SCR 549; (1985) 1 SCC 206; (1962) 2 SCR 794; (2005) 11 SCC 600 – Referred

       (1982) 2 SCC 222 – Distinguished

       (al) General Clauses Act, 1897 – Section 3(58) – Definition of State – Including a Union Territory – Repugnant to Article 246(4) – Held inapplicable to Article 246(4) – Definitions under Act 1897 apply to constitutional provisions unless repugnant in the subject or context. (Para 123, 124, 126)

       (1968) 2 SCR 103; (1997) 7 SCC 339; (1970) 1 SCC 633; (1976) 3 SCC 743 – Relied upon

       (am) Constitution of India – Article 239AA – Expression “insofar as any such matter is applicable to Union territories” – Seventh Schedule List III – The Rulings that State does not include Union Territories does not mean that legislative assembly of NCT would have no power to legislate on any subject in the State or Concurrent lists – a (Para 128, 129, 130)

       (1968) 2 SCR 103; (1997) 7 SCC 339 – Referred

       (an) Constitution of India – Article 239A(4), Proviso – Expression “difference of opinion between the Lieutenant Governor and his Council of Ministers on any of the matter” – Cooperative governance – Articles 256, 257, 258 and 261 – Interpretation of Article 239AA must facilitate mutual cooperation – Constitutional morality must be taken into consideration – ‘Any’ will not mean ‘every’ – Prior concurrence of Lieutenant Governor not contemplated – Proviso should be so interpreted that its operation should preserve the national concerns – Recourse to the Proviso should be taken only when efforts for resolving differences by mutual discussion fail. (Para 135, 136, 137, 142)

       Per Ashok Bhushan, J,

       (ao) Interpretation of Constitution – General rules are the same as those for interpretation of statutes – Doctrine of literal interpretation and doctrine of purposive interpretation – Constitution should be construed with less rigidity and more generosity – It is a living framework for the Government of the people – Its successful working depends upon the democratic spirit underlying it being respected in letter and in spirit – Constitutional silence and Constitutional implications – However, express Constitutional provisions cannot be ignored while considering such doctrine and principles – Constitutional interpretation has to be purposive taking into consideration the need of time and Constitutional principles (Para 41, 42, 54, 56, 57)

       AIR 1951 SC 128 : (1951) SCR 228; (2001) 7 SCC 126; (1972) 3 SCC 717; (2001) 7 SCC 231; (2006) 7 SCC 1; (2007) 2 SCC 1; (1970)1 SCC 248: AIR 1970 SC 564; (1978)1 SCC 248: AIR 1978 SC 597; 1985 Supp. SCC 714; (2014) 9 SCC 1 – Relied upon

       (ap) Interpretation of Constitution – External aid – Parliamentary committee report – can be looked into to find out the intent and purpose of legislation – Instantly, Sixty Ninth Constitutional Amendment. (Para 65)

       Writ Petition (C) No. 558 of 2012 – Relied upon

       (aq) Constitution of India – Article 239AA(3) – Legislative Assembly empowered to make laws in respect of any subject in State List (except Entries 1, 2 and18) and Concurrent Kist (except Entries 64, 65 and 66) – Phrase “in so far as any such matter is applicable to Union territories” held inconsequential. (Para 70, 72)

       (ar) Constitution if India – Article 239AA r/w article 246(4) – Union territories are governed by Article 246(4) – Delhi is yet a Union Territory though in a class by itself, certainly not a State – Legislative power of Parliament covers Union Territories including Delhi – Parliament has overriding power to make laws on any subject in respect of NCT of Delhi – Legislative Assembly of NCT has legislative power with respect to the matters enumerated in the State List or Concurrent List excluding the excepted entries of State List. (Para 76, 79, 80)

       (1997) 7 SCC 339 – Relied upon

       (as) Constitution of India – Article 239AA(4), Proviso r/w section 49, 44, Government of National Capital Territory of Delhi Act, 1991 – Executive power of NCT – Coextensive with Legislative power – General control of the President – President, with regard to a particular executive action referred to him, has exclusive jurisdiction to take a decision – Such decision is binding on both Council of Ministers as well as Lieutenant Governor – President is empowered to make rules for allocation of business to the Ministers – Overriding legislative power of Parliament – Submission that executive power can be exercised by the Union through President only when power under Article 239AB is exercised, rejected. (Para 81, 85, 87, 89)

       AIR 1955 SC 549 – Relied upon

       (at) Constitution of India – Article 239AA(4), Proviso – “Aid and advice” as given by Council of Ministers – Has to be followed by the Lieutenant Governor unless he decides to exercise his power under the Proviso – Section 44 of the Government of Union Territories Act, 1963. (Para 92)

       (1974) 2 SCC 831 – Referred

       (au) Constitution of India – Article 239AA(4), Proviso – “Any matter” – exercise of power under Proviso cannot be a routine affair. (Para 98,

       (1970) 2 SCC 272 – Referred

       (av) Constitution of India – Article 239AA(4) r/w 1991 Act and 1993 Rules – LG has to be kept informed of all proposals, agendas of meeting and decisions taken – To keep him posted with the administration of Delhi – To enable him to exercise powers under 1991 Act and Rules 1993 – To enable him to exercise power under proviso to 239AA(4) – Not to obtain his concurrence of the decision – Council of Ministers, Chief Minister and LG are duty bound to observe 1993 Rules. (Para 113, 116)

       Facts of the case:

       This case calls for interpretation of Article 239AA of the Constitution.

       Findings of the Court:

       NCT of Delhi cannot be accorded the status of a State. The status of the Lieutenant Governor of Delhi is not that of a Governor of a State, rather he remains an Administrator, in a limited sense, working with the designation of Lieutenant Governor.

       The directly elected Legislative Assembly of NCT shall have legislative powers over matters falling within the State List and the Concurrent List, barring those excepted, and a mandate upon the Lieutenant Governor to act on the aid and advice of the Council of Ministers except when he decides to refer the matter to the President for final decision.

       The Parliament has the power to make laws for the National Capital Territory of Delhi with respect to any matters enumerated in the State List and the Concurrent List. At the same time, the Legislative Assembly of Delhi also has the power to make laws over all those subjects which figure in the Concurrent List and all, but three excluded subjects, in the State List.

       The Lieutenant Governor of NCT of Delhi is bound by the aid and advice of the Council of Ministers so long as he does not exercise his power under the proviso to clause (4) of Article 239AA. The Lieutenant Governor has to either act on the 'aid and advice’ of Council of Ministers or to implement the decision taken by the President on a reference being made by him.

       The words “any matter” employed in the proviso to clause (4) of Article 239AA cannot be inferred to mean “every matter”. The Lieutenant Governor should not act in a mechanical manner without due application of mind so as to refer every decision of the Council of Ministers to the President. The difference of opinion between the Lieutenant Governor and the Council of Ministers should have a sound rationale.

       The expression ‘state’ in Article 246(4) will not include a Union territory and the definition contained in the General Clauses Act will not apply to Article 246(4).