In Brief
The Supreme Court's five-judge Constitution Bench clarified the powers and relationships between Delhi's elected government and the Lieutenant Governor under Article 239AA. The Court held that the Council of Ministers is bound by "aid and advice" principles, similar to cabinets in States and at the Union level. However, the Lieutenant Governor must be informed of all decisions. The Court balanced this with acknowledgment that Delhi remains a Union Territory with national capital concerns. Importantly, the proviso allowing the Lieutenant Governor to refer differences to the President applies only to substantial matters of national interest, not routine decisions, and must be preceded by good-faith dialogue. The judgment emphasized constitutional morality, democratic values, and the need for cooperation between the elected government and the Lieutenant Governor.
The lawyer headnote and full judgment text are available to registered users.