Page:29357 2016 1 1501 44512 Judgement 11-May-2023.pdf/64

PART I executive functions to the extent delegated to him by the President”. The second part of this proviso further indicates that in matters outside the legislative domain of NCTD, the Lieutenant Governor may be required to consult with the Chief Minister, if it is so provided under any order issued by the President under Article 239 of the Constitution. This Rule thus clarifies that the Lieutenant Governor may exercise his executive function in relation to matters outside the legislative purview of NCTD only “to the extent delegated to him by the President”. As a matter of principle, in the discharge of executive functions within the domain of NCTD, the Lieutenant Governor must abide by the “aid and advice” of the Council of Ministers in the manner indicated in the Rules. Rule 46 thus needs to be construed accordingly.

92.Rule 46 deals with the power of the Lieutenant Governor with respect to persons serving in connection with the “administration” of NCTD. Rule 46 provides that:

“46. (1) With respect to persons serving in connection with the administration of the National Capital Territory, the Lieutenant Governor shall, exercise such powers and perform such functions as may be entrusted to him under the provisions of the rules and orders regulating the conditions of service of such persons or by any other order of 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.

(2) Notwithstanding anything contained in sub-rule (1) the Lieutenant Governor shall consult the Union Public Service Commission on all matters on which the Commission is required to be consulted under clause (3) of Article 320 of the Constitution; and in every such case he shall not make any order otherwise than in accordance with the advice of the