Day 11 – Q 4.The recent Supreme Court judgement in the Govt of NCT of Delhi v Union of India upholds a basic democratic principle: The responsibility to exercise power on behalf of the people, lies with the elected legislature. Discuss.
4. The recent Supreme Court judgement in the Govt of NCT of Delhi v Union of India upholds a basic democratic principle: The responsibility to exercise power on behalf of the people, lies with the elected legislature. Discuss.
दिल्ली के एनसीटी सरकार बनाम भारतीय संघ में दिए गए हालिया सुप्रीम कोर्ट के फैसले ने एक मूलभूत लोकतांत्रिक सिद्धांत को बनाए रखते हैं: लोगों की तरफ से सत्ता का उपयोग करने की ज़िम्मेदारी निर्वाचित विधायिका के साथ है। चर्चा करें।
DY Chandrachud, J., in recent case of the Govt. of NCT of Delhi v Union of India held that in a democratic form of government the real power must subsist in the elected arm of the State.
The issue arose due to the conflicting interpretation of Article 239AA of the Constitution of India by the Union government and the Govt. of NCT of Delhi on the nature of aid and advice tendered to the Lieutenant Governor by the Govt. of NCT of Delhi. The Supreme Court by ruling in the favor of the Govt. of NCT of Delhi has reinforced the democratic principle of rule of the people.
The judgment was significant for our democracy because:
- Ensures government of the people – The Assembly of the NCT of Delhi is formed by the direct exercise of voting rights of the people of Delhi to choose their own elected representatives. While on the other hand, the Lieutenant Governor is nominated by the Union Government and appointed by the President. There is no say of the people in it. Thus, giving final authority to the Lieutenant Governor would violate the democratic principle.
- Ensures government by the people – It is through their elected representatives the will of the people are imposed. Thus, overlooking the decision of the elected representatives would equate to overlooking the wishes of the people they represent.
- Ensures government for the people – An elected representative works for the well-being of the people he represents. This is because it was only with their trust he was elected and can continue in the office in future. On the other hand, the Lieutenant Governor is not responsible towards the people of Delhi for his continuance in the office.
- Accountable bureaucracy – Since, the bureaucracy is led by an elected political executive they also become accountable to the people, as is their head. This was evident when recently there were reports of bureaucracy delaying in decision making because of tussle with the Govt. This was only possible because the bureaucracy was accountable not to the people but to the Lieutenant Governor.
Responsible government is the bedrock of a democracy as it is ultimately the people who rules the nation and shapes its future.
Best Answer – No best answer