Gautam Sandhu Sworn In as Delhi's New Lieutenant Governor, Vows Progress

The oath of office to the Lieutenant Governor of Delhi is administered by the Chief Justice of the Delhi High Court. This is generally consistent with other Union Territories where the LG/Administrator is sworn in by the Chief Justice of the respective High Court or a judge nominated by them. For states, the Governor is sworn in by the Chief Justice of the High Court of that state.

The contention arises primarily due to Delhi's unique constitutional status, defined by Article 239AA. Unlike other Union Territories, Delhi has an elected legislative assembly and a Council of Ministers. However, the LG is also established as the administrative head with significant powers, especially over public order, police, and land. This dual power structure, coupled with the LG's power to refer matters to the President even against the 'aid and advice' of the Council of Ministers, often leads to friction with the elected government, which feels its mandate is undermined.

Article 239AA, inserted by the 69th Amendment Act, 1991, grants Delhi its special status as the National Capital Territory. It is significant because it is the foundational constitutional provision that creates the unique power-sharing arrangement and the potential for conflict between the elected government and the LG.

• •Establishes a legislative assembly and a Council of Ministers for Delhi.
• •Defines the powers and limitations of this elected body.
• •Establishes the Lieutenant Governor as the administrative head.
• •Outlines the LG's powers, including the authority to refer matters to the President in case of a difference of opinion with the Council of Ministers.

The Supreme Court's landmark 2018 judgment clarified that the LG is bound by the 'aid and advice' of the Council of Ministers on all matters except public order, police, and land. However, it also affirmed the LG's power to refer matters to the President in case of a difference of opinion. The Government of National Capital Territory of Delhi (Amendment) Act, 2021, further complicated this by explicitly stating that the "government" in Delhi refers to the Lieutenant Governor in certain contexts and enhanced the LG's discretionary powers, making the elected government's decisions subject to the LG's opinion on many matters. This has generally shifted the balance of power more towards the LG.

• •Arguments for significant LG powers: Delhi, being the national capital, requires a strong central oversight to ensure national security, maintain public order, and manage land, which are crucial for the functioning of the Union government. The LG acts as a representative of the President, ensuring that central government policies are implemented and constitutional provisions are upheld, especially given Delhi's unique status.
• •Arguments against significant LG powers: Critics argue that such powers undermine the democratic mandate of an elected government, leading to administrative paralysis and friction. They contend that a democratically elected government should have full authority over subjects not explicitly reserved for the Centre, reflecting the will of the people of Delhi. Excessive LG powers can hinder local governance and accountability.

The 'aid and advice' principle means that the Lieutenant Governor of Delhi is generally bound to act on the recommendations of the Council of Ministers, which is accountable to the elected legislative assembly. This is a cornerstone of parliamentary democracy, ensuring that executive decisions reflect the will of the elected representatives.

• •Specific exceptions where LG is NOT bound by 'aid and advice':
• •Matters relating to public order.
• •Matters relating to police.
• •Matters relating to land.
• •Additionally, the LG has the power to refer any matter on which there is a difference of opinion with the Council of Ministers to the President for a decision, effectively overriding the 'aid and advice' in such cases until the President's decision.