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Question #

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

Answer by Chad #

The Supreme Court judgement in July 2018 regarding the power struggle between the Lieutenant Governor (LG) and the elected government of Delhi has had some impact in settling the political tussle, but it has not completely resolved the issue. This can be examined by considering the key aspects of the judgement and its implications for the relationship between the LG and the Delhi government.

Firstly, the judgement clarified the constitutional provisions and established the role and responsibilities of both the LG and the elected government. It stated that the LG should not act as an obstructionist and must work harmoniously with the elected government. This has provided clarity on the division of powers between the two entities and has set a precedent for future interactions.

Secondly, the judgement upheld the elected government's power to make decisions on a wide range of subjects like public order, police, and land, except for matters of national security and land disputes. This has given the Delhi government a level of autonomy in decision-making and decreased the LG's ability to unilaterally block or interfere in its policies. This, in turn, has reduced some of the political tussle and power struggle between the two.

However, it is important to note that the judgement did not completely settle the issue of the LG's power. It stated that exceptional matters should be referred to the President, effectively giving the President the final say. This leaves some room for interpretation and potential challenges in the future, as political disagreements may still arise, and decisions may be referred to the President, leading to further disputes.

Furthermore, the judgement did not address the broader issue of full statehood for Delhi, which is a fundamental demand of the elected government. The Delhi government argues that until it attains full statehood, the political tussle will persist since ultimate power and authority will remain with the LG and the central government. This unresolved issue hampers a complete settlement of the political tussle.

In conclusion, while the Supreme Court judgement in July 2018 has brought some clarity and reduced the political tussle between the LG and the elected government of Delhi, it has not fully settled the issue. The ongoing disputes regarding exceptional matters and the demand for full statehood continue to pose challenges to a complete resolution.