LG should hold discussions to settle differences with ministers: SC

The Lieutenant Governor shall try to settle matters through discussions wherever differences of opinion arises between him and the Council of Ministers, the Supreme Court held today.

The top court said the approach of dialogue, settlement by discussion and suppressing conflicts by harmonious co-existence should be adopted in cases of difference of opinion between the LG and the Council.

"Such an approach would not only result in acceptance of the role of the Lieutenant Governor but also help the NCT of Delhi to cherish the fruits of a responsive government as intended by the 69th Constitutional Amendment," a five-judge constitution bench headed by Chief Justice Dipak Misra said.

 

The bench noted that Rule 49 of the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993 "shows that settlement can be achieved by way of discussion.

"It further highlights how, by discussion and dialogue, a conflict can be avoided by adopting an ideology of harmonious co-existence which would again be in tune with the concepts of collaborative federalism, pragmatic federalism, federal balance and constitutional objectivity."

Rule 50 provides the procedure that in cases of difference of opinion between the Council and the LG on any matter, the LG is required to refer it to the Centre for a decision by the President and act according to the President's decision.

The bench also made it clear that decisions of the Council of Ministers must be communicated to the LG but it does not mean that his "concurrence" or "permission" was required in every case.

It said that the 1993 rules reflected the scheme for the governance of NCT of Delhi where the LG of Delhi has to be informed and notified about the business being conducted, just as an administrator in other union territories has to be apprised.

"The idea behind the aforesaid rules is just to keep the Lieutenant Governor notified of the proposals, agendas and decisions so that he is acquainted with the business carried out by the Council of Ministers," the bench said.