Lt. Governor & Assembly

So far as functioning of Delhi Legislative Assembly is concerned Hon’ble Lt.Governor Delhi plays a significant and Constitutional role. The Assembly is summoned by the Lieutenant Governor from time to time to meet at such time and place as he may appoint. Every Member, before taking his seat, makes and subscribes before the Lieuenant Governor or some person appointed in that behalf by him an oath or affirmation. At the commencement of the first session after each general election to the Assembly and at the commencement of the first session of each year, the Lieutenant Governor adderesses the House and informs the Assembly causes of its summons. The L.G’s Address comprises of achievements and future programmes of the Government and is discussed in the house. The Message of the Lieutenant Governor for the House is received by the Speaker who gives necessary directions in regard to the procedure that shall be followed for the consideration of matters referred to in the message. A copy of every Bill introduced in the Assembly is, immediately after its introduction, forwarded by the Secretary to the Lieutenant Governor and the President for their information. After a Bill is passed by the Assembly Hon’ble Speaker signed the Bill and sent the same to Lieutenant Governor for assent. The Lieutenant Governor, where he deems fit, returns a Bill to the Assembly with a message to the effect that the Assembly should reconsider the Bill or any of its specified provisions or any amendment recommended in the message. After conclusion of each Session of the Assembly Lt.Governor prorogues the House.

Apart from above, the other roles of Lt.Governor, Delhi, as envisaged in Government of NCT of Delhi Act, 1991 (Bill No.1 of 1992), are as under –

Sections 6(1), 6(2), 9, 10, 22, 24, 25, 26, 27, 30, 41, 42 (To be taken from NCT of Delhi Act, 1991 )

Sections' details according to NCT ACT

Sections :

6. Sessions of Legislative Assembly, Prorogation and dissolution :

a. The Lieutenant Governor shall, from time-to-time , summon the Legislative Assembly to meet at such time and place as he thinks fit, but six months shall not be intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

b. The Lieutenant Governor may, from time to time.

i. prorogue the Assembly

ii. dissolve the Assembly;

9. Right of Lieutenant Governor to Address and send messages to Legislative Assembly :

a. The Lieutenant Governor may address the Legislative Assembly and for that purpose require the attendance of members.

b. The Lieutenant Governor may send messages to the Assembly whether with respect to a Bill then pending in the Assembly or otherwise, and when a message is so sent, the Assembly shall with all convenient dispatch consider any matter required by the message to be taken into consideration.

10. Special Address by the Lieutenant Governor ;

a. At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year the Lieutenant Governor shall address the Legislative Assembly and inform it of the causes of its summons.

b. Provision shall be made by rules to be made by the Assembly regulation its procedure for the allotment of time for discussion on the matters referred to in such address.

22. Special provisions as to financial Bills :

(1) A Bill or amendment shall not be introduced into, or moved in the Legislative Assembly except on the recommendation of the Lieutenant, Governor, if such Bill or amendment makes provision for any of the following matters, namely :-

(a) the imposition, abolition, remission, alteration or regulation of any tax ;

(b) the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of the Capital;

(d) the declaring of any expenditure to be expenditure charged on the Consolidated fund of the Capital or the increasing of the amount of any such expenditure;

(e) the receipt of money on account of the consolidated fund of the capital or the custody or issue of such money.

Provided that no recommendation shall be required under this sub-section for the moving or an amendment making provision for the reduction or abolition of any tax.

(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of the Capital shall not be passed by the Legislative Assembly unless the Lieutenant Governor has recommended to that Assembly the consideration of the Bill.

24. Assent to Bills :

When a Bill has been passed by the Legislative Assembly, it shall be presented to the Lieutenant Governor and the Lieutenant Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President :

Provided that the Lieutenant Governor may, as soon as possible after the presentation of the Bill to him for assent, return the Bill if it is not a Money Bill together with a message requesting that the Assembly will consider the Bill or any specified provisions thereof, and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the Assembly will reconsider the Bill accordingly, and if the Bill is passed again with or without amendment and presented to the Lieutenant Governor for assent, the Lieutenant Governor shall declare either that he assents to the Bill or that he reserves the Bill for the consideration of the President.

Provided further that the Lieutenant Governor shall not assent to, but shall reserve for the Consideration of the President, any Bill which :-

(a) In the opinion of the Lieutenant Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is, by the Constitution, designed to fill; or

(b) The President may, by order, direct to be reserved for the consideration; or

(c) Relates to matters referred to in sub-section (5) of section 7 or section 19 or section 34 or sub-section (3) of section 43.

Explanation :- For the purposes of this section and section 25, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the matters specified in sub-section(1) of section 22 or any matter incidental to any of those matters and, in either case, there is endorsed thereon the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.

25. Bills reserved for consideration :

When a Bill is reserved by the Lieutenant Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he without assent therefrom :

Provided that where the Bill is not a Money Bill, the President may direct the Lieutenant Governor to return the Bill to the Legislative Assembly together with such a message as is mentioned in the first proviso to section 24 and, when a Bills is so returned, the Assembly shall reconsider it accordingly within a period of six months from date of receipt of such message and, if it is again passed by the Assembly with or witout amendment, it shall be presented again to the President for his consideration.

26. Requirement as to sanction, etc :

No Act of the Legislative Assembly, and no provision in any such Act, shall be invalid by reason only that some previous sanction or recommendation required by this Act was not given, if assent to that Act was given by the the Lieutenant Governor, or, on being reserved by the Lieutenant Governor for the Consideration of the President, by the President.

27. Annual financial Statement :

(1) The Lieutenant Governor shall in respect of every financial year cause to the laid before the Legislative Assembly, with the previous sanction of the President, a statement of the estimated receipts and expenditure of the Capital for that year, in this Part referred to as the “annual financial statement “.

(2) The estimates of expenditure embodied in the annual financial statement shall show separately :-

(a) the sums required to meet expenditure described by this Act as expenditure charged upon the consolidated Fund of the Capital; and

(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the Capital, and shall distinguish expenditure on revenue account from other expenditure.

(3) Notwithstanding anything contained in any law for the time being in force, the following expenditure shall be expenditure charged on the Consolidated Fund of the Capital :-

(a) the emoluments and allowances of the Lieutenant Governor and other expenditure relating to his office as determined by the President by general or special order :

(b) the charges payable in respect of loans advanced to the Capital from the Consolidated Fund of India including interest, sinking fund charges and redemption charges, and other expenditure connected therewith;

(d) expenditure in respect of salaries and allowances of Judges of the High Court of Delhi;

(e) any sums required to satisfy any judgement, decree or award of any court or arbitral tribunal;

(f) any other expenditure declared by the Constitution or by law made by Parliament or by the Legislative Assembly to be so charged.

30. Supplementary, additional or excess grants :

(1) the Lieutenant Governor shall :

(a) if the amount authorized by any law made in accordance with the provisions of Section 29 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year; or

(b) if any money has been spent on any service during a financial year in excess of the amount granted for the service and for that year, cause to be laid before the Legislative Assembly, with the previous sanction of the President, another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly with such previous sanction a demand for such excess, as the case may be.

(2) The provisions of section 27,28 and 29 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorizing the appropriation of moneys out of the Consolidated Fund of the Capital to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authoriasation of appropriation of moneys out of the Consolidated Fund of the Capital to meet such expenditure or grant.

41. Matters in which Lieutenant Governor to act in his discretion:

(1) The Lieutenant Governor shall act in his discretion in a matter: -

(i) which falls outside the purview of the powers conferred on the Legislative Assembly but in respect of which powers or functions are entrusted or delegated to him by the President ; or

(ii) in which he is required by or under any law to act in his discretion or to exercise any judicial functions.

(2) If any question arises as to whether any matter is or is not a matter as respects with the Lieutenant Governor is by or under any law required to act in his discretion, the decision of the Lieutenant Governor thereon shall be final.

(3) If any questions arises as to whether any matter is or is not a matter as respects with the Lieutenant Governor is by or under any law required by any law to exercise any judicial or quasi-judicial functions, the decision of the Lieutenant Governor thereon shall be final.

42. 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.

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