UPSC Mains 2018 GS2 Q11 — Federalism and Delhi
Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (Answer in 250 words)
Question Decoded — examiner's intent
- Directive verbs
- Examine
- Scope keywords
- Supreme Court Judgement (July 2018)settle the political tussleLt. Governorelected government of Delhi
- Implicit sub-parts
- What were the core legal principles and 'concurring' interpretations laid down in the 2018 Five-Judge Bench ruling?
- How did the judgement clarify the 'Aid and Advice' clause of Article 239AA vis-à-vis the LG's discretionary powers?
- What practical ambiguities remained unresolved post-2018 (e.g., control over services) that led to further litigation?
- Can a judicial interpretation truly solve a 'political' friction rooted in dual-governance structures?
- Common pitfalls
- Focusing too much on the 1991 Act details without discussing the specific 2018 judicial shift regarding the LG as an 'administrator' only.
- Ignoring the subsequent 2023 Supreme Court ruling and the 2023 Ordinance/Act which proved the 2018 judgement did not actually 'settle' the tussle.
- Treating it as a general essay on Delhi's statehood rather than a specific legal examination of the 2018 'Government of NCT of Delhi vs Union of India' case.
- Failing to mention the 'Principles of Federalism' and 'Representative Democracy' which were the philosophical bedrock of the judgement.
- Dimensions required
- Constitutional Law (Article 239AA)Asymmetric FederalismExecutive-Legislative RelationsAdministrative EfficiencyJurisprudential Evolution
- Marks allocation hint
Dedicate 50-60 words to the 2018 ruling's key takeaways (LG as facilitator, not obstructionist). Use 100-120 words to analyze the 'Examine' part—why it provided clarity but failed to stop the tussle (ambiguity on 'Services'). Spend the final 70 words discussing the subsequent legislative overrides and the inherent friction in the 'Union Territory with Legislature' model.
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