Section 44 of The Government of National Capital Territory of Delhi Act, 1991 in hindi
Conduct of business.
- (1)The President shall make rules
- (a)for the allocation of business to the Ministers in so far as it is business with respect to which the Lieutenant Governor is required to act on the aid and advice of his Council of Ministers; and
- (b)for the more convenient transaction of business with the Ministers, including the procedure to be adopted in the case of a difference of opinion between the Lieutenant Governor and the Council of Ministers or a Minister.
- (2)Save as otherwise provided in this Act, all executive action of the Lieutenant Governor whether taken on the advice of his Ministers or otherwise shall be expressed to be taken in the name of the Lieutenant Governor. 1]Provided that before taking any executive action in pursuance of the decision of the Council of Ministers or a Minister, to exercise powers of Government, State Government, Appropriate Government, Lieutenant Governor, Administrator or Chief Commissioner, as the case may be, under any law in force in the Capital, the opinion of Lieutenant Governor in term of proviso to clause (4) of article 239AA of the Constitution shall be obtained on all such matters as may be specified, by a general or special order, by Lieutenant Governor.]
- (3)Orders and other instruments made and executed in the name of the Lieutenant Governor shall be authenticated in such manner as may be specified in rules to be made by the Lieutenant Governor and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Lieutenant Governor.
Summary
- The President of India is responsible for making the rules that allocate administrative business among the Ministers of Delhi.
- These business transaction rules must include the specific procedure to follow if there is a difference of opinion between the Lieutenant Governor and the Council of Ministers or a Minister.
- All executive action taken by the Lieutenant Governor must be expressed to be taken in their own name, whether they are acting on the advice of their Ministers or otherwise.
- Before executing any cabinet or minister decision, the opinion of the Lieutenant Governor must be obtained on matters specified by a general or special order of the Lieutenant Governor.
- Orders and official documents executed in the name of the Lieutenant Governor must be authenticated as per rules made by the Lieutenant Governor, and once authenticated, they cannot be challenged in court.
Practical examples
FAQ
1. Who makes the rules for the allocation of business among Ministers in Delhi?
The President of India makes the rules for allocating business to the Ministers for matters where the Lieutenant Governor acts on the aid and advice of the Council of Ministers.
2. In whose name are all executive actions of the Delhi government taken?
All executive actions of the Lieutenant Governor, whether taken on the advice of Ministers or otherwise, must be expressed to be taken in the name of the Lieutenant Governor.
3. Can an official order be challenged in court by claiming the Lieutenant Governor did not personally execute it?
No, if the order is executed in the name of the Lieutenant Governor and authenticated according to the rules made by the Lieutenant Governor, its validity cannot be questioned in court on those grounds.
4. Is the Delhi Cabinet required to seek the opinion of the Lieutenant Governor before implementing its decisions?
Yes, before taking executive action on a decision of the Council of Ministers or a Minister under any law, the opinion of the Lieutenant Governor must be obtained on all matters specified by a general or special order of the Lieutenant Governor.
Test yourself
Q1.Under Section 44 of The Government of National Capital Territory of Delhi Act, 1991, who has the authority to make rules for the allocation of business to the Ministers in Delhi?
Q2.Under Section 44 of The Government of National Capital Territory of Delhi Act, 1991, in whose name must all executive actions of the Lieutenant Governor be expressed to be taken?
Q3.Under Section 44 of The Government of National Capital Territory of Delhi Act, 1991, who is empowered to make rules specifying how orders and instruments executed in their name must be authenticated?
Q4.Under Section 44 of The Government of National Capital Territory of Delhi Act, 1991, what must be obtained before taking executive action on a decision of a Minister or the Council under any law, for matters specified by order?