Section 42 of The Government of National Capital Territory of Delhi Act, 1991 in hindi
Advice by Ministers.
The question whether any, and if so what, advice was tendered by Ministers to the Lieutenant Governor shall not be inquired into in any court.
Summary
- Courts are strictly barred from inquiring into whether any advice was given by the Ministers to the Lieutenant Governor.
- If advice was indeed given, courts cannot investigate or ask what specific advice was offered by the Ministers to the Lieutenant Governor.
- This provision protects the confidentiality and privacy of the consultations between the Council of Ministers and the Lieutenant Governor.
Practical examples
FAQ
1. Why are courts barred from looking into ministerial advice?
This rule ensures that the internal discussions, debates, and policy recommendations between the Ministers and the Lieutenant Governor remain confidential and protected from public litigation.
Test yourself
Q1.Under Section 42 of The Government of National Capital Territory of Delhi Act, 1991, what are courts prohibited from inquiring into?
Q2.Under Section 42 of The Government of National Capital Territory of Delhi Act, 1991, which authority is barred from investigating the advice exchange between Ministers and the Lieutenant Governor?
Q3.Under Section 42 of The Government of National Capital Territory of Delhi Act, 1991, if a litigant files a suit claiming that the Lieutenant Governor acted against the advice of his Ministers, how must a court respond to a request to inspect that advice?
Q4.Under Section 42 of The Government of National Capital Territory of Delhi Act, 1991, what protection is offered to the communications between Ministers and the Lieutenant Governor?