UPSC Mains 2018 · GS II · Q11 · 15 marks · 250 words

Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine.

हिन्दी में

क्या उच्चतम न्यायालय का निर्णय (जुलाई 2018) दिल्ली के उप-राज्यपाल और निर्वाचित सरकार के बीच राजनैतिक कशमकश को निपटा सकता है? परीक्षण कीजिए।

FederalismExecutive

How a topper answered the closest question

Toppers wrote this one in a test series: “Explore the legal-constitutional basis for the conflicts between the elected government and the institution of the Lieutenant Governor over the governance process in the Union Territory of Delhi. Analyse the role that the Government of National Capital Territory of Delhi Act, 2023, can play in resolving it.”

Akarsh DhullAIR 3 · CSE 2025 · 179 wordsTheir whole copy

Opening

Recently, the Parliament passed the GNCTD Act, 2023 and created National Capital Civil Service Authority to handle services (Entry 41).

Body · points and prose

Diagram
Legal Constitutional basis +----69th CAA Art 239AA----2015 MHA notification on services----2018 SC judgement----2019 SC split verdict on service----2021 GNCTD Act----2023 Act----+
  1. Art 239AA itself
  • while legislative Assembly can make laws for state list and concurrent list, Art 239AA (3B)(3c) allows Centre to overrule same with Parliamentary law
  1. Conflict over control of services
  • while only 3 entries barred from Govt of NCT, Parliament can make law simultaneously.
  1. GNCTD Act, 2021
  • Reduce rule making power of Assembly
  • Government would mean LG
  1. Supreme Court judgement (2018) not clarifying when can matter be referred to President

Role of GNCTD Act, 2023

  1. NCCSA set for decisions related to services (Entry 41)
  2. LG as final authority in case of conflict while working on aid and advise of government

Challenges created by Act

  1. Breaks triple chain of accountability people → Assembly → Minister → Service
  2. Overruled Constitutional bench judgement by an act.
  3. Roadblocks and conflicts over powers of LG

Close · a way forward

The LG and NCT government should work selflessly by following ethical ideals for people welfare

How toppers approach this question, and more on its topic: open the question.

Toppers’ answers to other close questions

Source: UPSC, Civil Services (Main) Examination 2018, General Studies Paper II, Q11. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.