NCTD Act 1991[1], and the applicable Transaction of Business Rules 1993, it was held by the majority that:
“284.16. As a natural corollary, the Union of India has exclusive executive power with respect to NCT of Delhi relating to the three matters in the State List in respect of which the power of the Delhi Legislative Assembly has been excluded. In respect of other matters, the executive power is to be exercised by the Government of NCT of Delhi. This, however, is subject to the proviso to Article 239AA(4) of the Constitution…
284.17. The meaning of “aid and advise” employed in Article 239AA(4) has to be construed to mean that the Lieutenant Governor of NCT of Delhi is bound by the aid and advice of the Council of Ministers and this position holds true so long as the Lieutenant Governor does not exercise his power under the proviso to clause (4) of Article 239-AA. The Lieutenant Governor has not been entrusted with any independent decision-making power. He has to either act on the “aid and advice” of Council of Ministers or he is bound to implement the decision taken by the President on a reference being made by him.
284.18. The words “any matter” employed in the proviso to clause (4) of Article 239-AA cannot be inferred to mean “every matter”.”
87. In matters which fall outside the legislative powers of NCTD, the doctrine of “aid and advice” does not apply. In those matters, the GNCTD Act and the Transaction of Business Rules of the Government of National Capital Territory of Delhi 1993[2] shall act as a guide for the exercise of power. Under Section 41 of the GNCTD Act, the Lieutenant Governor may be required to act in his discretion in respect of which powers or functions which have been delegated to him by the
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