Page:29357 2016 1 1501 44512 Judgement 11-May-2023.pdf/63

PART I Lieutenant Governor may request the Minister or the Council of Ministers to reconsider its decision. It is only if difference persists even after attempts at resolution that he may refer the matter to the President, and await the decision.

90. Rule 45 of the Transaction of Business Rules also indicates that the Lieutenant Governor must act within the confines of clauses (3) and (4) of Article 239AA in exercising his executive functions, that is, he shall abide by the “aid and advice” of the Council of Ministers on matters in respect of which NCTD has legislative power. Rule 45 provides:

“The Lieutenant Governor, may by standing orders in writing, regulate the transaction and disposal of the business relating to his executive functions: Provided that the standing orders shall be consistent with the provisions of this Chapter, Chapter V and the instructions issued by the Central Government for time to time.

Provided further that the Lieutenant Governor shall in respect of matters connected with ‘public order’, ‘police’ and ‘land’ exercise his executive functions to the extent delegated to him by the President in consultation with the Chief Minister, if it is so provided under any order issued by the President under article 239 of the Constitution.

Provided further that ‘standing orders’' shall not be inconsistent with the rules concerning transaction of business.”

(emphasis supplied)

91.The Rule provides that the Lieutenant Governor may issue standing orders relating to “his executive functions”, which must be consistent with the Rules of Business as a whole. As an exception to the Rule, only “in respect of matters connected with ‘public order’, ‘police’ and ‘land’”, which are matters outside the legislative domain of NCTD under Article 239AA(3)(a), he may “exercise his