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PART A

A.The Reference

1. This case before us deals with the asymmetric federal model of governance in India, involving the contest of power between a Union Territory and the Union Government. The issue is who would have control over the “services” in the National Capital Territory of Delhi : the Government of NCTD or the Lieutenant Governor acting on behalf of the Union Government. The question arose subsequent to a notification dated 21 May 2015 issued by the Union Ministry of Home Affairs, which stated as follows:

“... in accordance with the provisions contained in article 239 and sub-clause (a) of clause (3) of 239AA, the President hereby directs that –

subject to his control and further orders, the Lieutenant Governor of the National Capital Territory of Delhi, shall in respect of matters connected with ‘Public Order’, ‘Police’, ‘Land’ and ‘Services’ as stated hereinabove, exercise the powers and discharge the functions of the Central Government, to the extent delegated to him from time to time by the President.

Provided that the Lieutenant Governor of the National Capital Territory of Delhi may, in his discretion, obtain the views of the Chief Minister of the National Capital Territory of Delhi in regard to the matter of ‘Services’ wherever he deems it appropriate.”

The notification provided that the Lieutenant Governor of NCTD shall exercise control “to the extent delegated to him from time to time by the President” over