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Government of NCT of Delhi v. Union of India (2018) – Landmark Judgment Explained

The Government of NCT of Delhi v. Union of India case, also called the Delhi vs. Centre dispute, centered on a power struggle between the elected Delhi government (led by the Aam Aadmi Party) and the Central Government of India.

The issue: Who has administrative control over Delhi—the elected government or the Lieutenant Governor (LG), appointed by the Centre?

This dispute brought into focus the interpretation of Article 239AA of the Indian Constitution, which outlines the special status of the National Capital Territory of Delhi.

Key Constitutional and Legal Issues

  1. Does the Delhi government have executive powers under Article 239AA, or does the Lieutenant Governor (LG) have overriding authority?

  2. Can the LG refer decisions of the elected government to the President and effectively stall governance?

  3. Who controls Delhi’s services, such as bureaucracy, land, police, and public order?

These questions made it one of the most important constitutional law cases in India.

Supreme Court’s Verdict – July 2018

A 5-judge Constitution Bench (CJI Dipak Misra, and Justices Sikri, Khanwilkar, Chandrachud, Bhushan) delivered a unanimous verdict clarifying Delhi’s governance model

1. LG Must Follow the Advice of the Delhi Government

  • The elected Delhi government has the right to take executive decisions in all matters where the Delhi Legislative Assembly has legislative power.

  • The LG is not an independent authority; they must act on the aid and advice of the Council of Ministers.

2. No Need for LG’s Prior Approval

  • The LG cannot stall decisions or routinely refer matters to the President.

  • Referral is allowed only in rare and exceptional circumstances.

3. Delhi is Not a Full-Fledged State, But Has Functional Autonomy

  • While Delhi remains a Union Territory, it enjoys significant powers of self-governance.

  • The spirit of federalism and democracy must guide Delhi’s governance.

Exceptions – Powers Reserved for the Centre

The Centre continues to control:

  • Public Order

  • Police

  • Land

These subjects are outside the Delhi government's jurisdiction under Article 239AA(3)(a).

Importance of the 2018 Supreme Court Judgment

  • Landmark federalism case in India

  • Strengthened the role of elected governments in Union Territories

  • Limited the powers of the LG, making them a constitutional figurehead, not a decision-maker

  • Set precedent for other UTs like Puducherry and Jammu & Kashmir

Follow-Up: GNCTD Amendment Act & 2023 Judgment

  • In 2021, the Centre passed the GNCTD Amendment Act, increasing the LG’s power over services and bureaucracy.

  • In May 2023, the Supreme Court (5-judge bench) ruled in favor of the Delhi government, striking down parts of the amendment and reaffirming the 2018 judgment.

Case Citation:

Government of NCT of Delhi v. Union of India, (2018) 8 SCC 501


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