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Supreme Court of India 2019-02-14 partly_allowed

Govt. of NCT of Delhi vs Union of India

Bench: 2 — A.K. Sikri, Ashok Bhushan

In Brief

This case involved nine appeals from the Delhi High Court concerning the powers of the Government of Delhi (GNCTD) under the Constitution's Article 239AA. The Supreme Court held that: (1) 'Services' (Entry 41 of List II) are not available to Delhi's Legislative Assembly and executive, belonging to the Union; (2) the Anti-Corruption Branch can investigate only GNCTD employees, not Central Government officials; (3) GNCTD is not the 'appropriate government' under the Commission of Inquiry Act 1952; (4) GNCTD can issue policy directions to the electricity regulator; (5) GNCTD can revise agricultural land circle rates but must communicate decisions to the Lieutenant Governor; and (6) the Lieutenant Governor must act on Council of Ministers' advice in appointing Special Public Prosecutors. The judgment clarified that Delhi's executive power is co-extensive with its legislative power, limited to areas where its Legislative Assembly can legislate.

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Constitutional Law Federalism Union Territories Executive Power Legislative Power Delhi Administration Article 239AA Separation of Powers Administrative Law

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