What Happened
- Taranjit Singh Sandhu was sworn in as the 23rd Lieutenant Governor of Delhi by Delhi High Court Chief Justice Devendra Kumar Upadhyaya
- Sandhu is a seasoned diplomat who previously served as India's Ambassador to the United States (2019–2022)
- His predecessor, Vinai Kumar Saxena, was appointed as the Lieutenant Governor of Ladakh
- The LG of Delhi is administered differently from other Union Territories — Delhi has a special constitutional status under Article 239AA, inserted by the 69th Constitutional Amendment Act, 1991
Static Topic Bridges
Article 239AA — Special Status of Delhi as National Capital Territory
Article 239AA, inserted by the Constitution (69th Amendment) Act, 1991, conferred on Delhi the designation "National Capital Territory" and created a Legislative Assembly with limited powers. The administrator of Delhi (renamed Lieutenant Governor) acts as the constitutional head. The Council of Ministers aids and advises the LG, but the LG retains discretionary powers over certain "reserved subjects" — public order, police, and land — which are excluded from the Delhi Assembly's legislative jurisdiction (Entries 1, 2, and 18 of the State List).
- 69th Amendment Act, 1991: inserted Articles 239AA and 239AB; created NCT of Delhi with a legislature
- Delhi Assembly: can legislate on State List and Concurrent List matters except Entries 1 (public order), 2 (police), and 18 (land)
- LG's discretionary powers: in matters where the Assembly cannot legislate, the LG acts independently; in other matters, acts on the aid and advice of the Council of Ministers
- Conflict resolution: if there is a difference of opinion, the LG may refer the matter to the President; pending decision, can take immediate action if urgent
- Article 239AB: President's Rule in Delhi — if LG reports governance cannot be carried on in accordance with constitutional provisions
Connection to this news: The appointment of a new LG directly affects Delhi's governance dynamics — the LG's constitutional position under Article 239AA is simultaneously that of a constitutional head (for subjects under Council of Ministers) and an independent executive authority (for reserved subjects), making the office politically significant.
Supreme Court Judgments on LG-Delhi Government Relationship
The LG-Delhi government relationship has been repeatedly contested in the Supreme Court. The landmark Government of NCT of Delhi v. Union of India (2018) five-judge Constitution Bench held that the LG is bound by the aid and advice of the Council of Ministers on matters where the Assembly has legislative competence, and cannot act independently in routine governance. However, GNCT of Delhi v. UoI (2023) — concerning control of IAS/DANICS officers — held that the Centre retains control over the civil services (All India Services) posted in Delhi.
- GNCT v. UoI (2018): five-judge bench; CJI Dipak Misra; LG must act on CoM's advice except for reserved subjects; LG is not an independent constitutional authority
- GNCT v. UoI (2023): five-judge bench; Centre controls services in Delhi — specifically All India Service officers and DANICS officers; overturned 2023 Bench's earlier single-judge ruling
- Government of NCT of Delhi (Amendment) Act, 2021: restored Centre's primacy over services in Delhi post-2018 judgment; further reinforced by 2023 SC ruling
- Delhi Services Act, 2023 (Constitutional Amendment): Parliament enacted this to constitutionally validate Centre's control over services in Delhi after the 2023 SC controversy
Connection to this news: The incoming LG inherits a governance framework defined by multiple Supreme Court judgments, with a carefully calibrated division of authority between the LG (representing the Centre) and the elected government — making the individual in office's temperament and approach to constitutional boundaries significant.
Appointment of LG — Constitutional Procedure
The appointment of an LG (and all administrators of Union Territories) is made by the President under Article 239 of the Constitution. Unlike Governors of states (who are appointed and can be recalled by the President on the Union Cabinet's advice), LGs of UTs are more directly under Union control since UTs are administered by Parliament under Article 246(4). The LG of Delhi does not have the same security of tenure as state Governors.
- Article 239: every UT administered by the President through an administrator (called LG for Delhi, Puducherry, and J&K)
- Article 246(4): Parliament has exclusive power to legislate for UTs on all matters (including those in the State List)
- LG appointment: by President on advice of Union Cabinet; no fixed tenure; can be transferred (as Saxena was, to Ladakh)
- Governors of states: Article 155 — appointed by President; Article 156 — hold office during pleasure of President (no fixed tenure despite constitutional convention)
- Jammu & Kashmir: LG under Article 239A and J&K Reorganisation Act, 2019; higher degree of Centre control
Connection to this news: Sandhu's appointment as LG (replacing Saxena who moved to Ladakh) reflects the executive's constitutional prerogative to post administrators to Union Territories at will — a governance flexibility not available with Governors.
Key Facts & Data
- Taranjit Singh Sandhu: 23rd LG of Delhi; former Ambassador to USA (2019–2022)
- Vinai Kumar Saxena: moved to LG of Ladakh
- Article 239AA inserted by: 69th Amendment Act, 1991
- Delhi Assembly cannot legislate on: Entries 1 (public order), 2 (police), 18 (land) of State List
- GNCT v. UoI (2018): five-judge bench; LG bound by CoM advice on competent subjects
- GNCT v. UoI (2023): five-judge bench; Centre controls services (IAS/DANICS) in Delhi
- Delhi Services Act, 2023: constitutionally validated Centre's control over services in Delhi