2018 · GS Paper 2 · Q11 · 15 marks

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

In short

The July 2018 judgment settled the principle that Delhi's Lieutenant Governor must follow the elected ministry's advice, but not the tussle, since services stayed open and Parliament could override by law. Parliament's 2023 civil service authority, created weeks after the Court gave services to Delhi, proves this.

Model answer

Ghissu Editorial · Verified 4 Oct 2026

Introduction
On 4 July 2018 a Constitution Bench read Article 239AA to bind Delhi's Lieutenant Governor to the aid and advice of the elected ministry. It restored representative government in principle, but the tussle had political and textual roots.
What the July 2018 Judgment Settled
•

Aid and advice binding

The LG has no independent power outside police, public order and land.

•

"Any matter" read down

References to the President are for exceptional cases, not every file.

•

Concurrence not needed

Decisions are communicated to the LG but need no prior approval.

Why the Tussle Outlived the Judgment
•

Services left open

The 2018 Bench did not decide control over officers, and a two-judge bench split on it in 2019.

•

Legislative override

Parliament answered rulings by statute, defining "Government" as the LG in 2021 and creating the National Capital Civil Service Authority in 2023 after the Court gave services to Delhi.

•

Statutory powers

In 2024 the Court let the LG nominate MCD aldermen on his own under the municipal law.

•

Political roots

Friction eased after the same party won Delhi in February 2025.

•

Settle services by consensus

Agreed rules on control of officers remove the main trigger.

•

Reference protocol

Written criteria and timelines for referring differences to the President.

Conclusion
The judgment settled the principle but not the tussle, since services stayed open and Parliament can rewrite the field. Constitutional morality and cooperative federalism, not more litigation, will end it.

This model answer is indicative and the model can make mistakes; please verify key facts independently.

Hand-drawn diagram: Delhi Tussle After 2018. Delhi Tussle After 2018. Diagram (timeline): Delhi Tussle After 2018; 2018; Aid and advice ruling; 2019; Split verdict on services; 2021; GNCTD Amendment Act; 2023; Services to Delhi; 2023; NCCSA by Parliament; 2024
Diagram: Delhi Tussle After 2018

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Functions and Responsibilities of the Union and the States7 questions

Asked in 7 of 14 sittings since 2013

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Question from the official UPSC Civil Services (Main) Examination 2018 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.

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