President under Article 239, or where he is required to act in his discretion under a specific provision of law or where he exercises judicial or quasi-judicial functions. Section 41, dealing with the discretion of the Lieutenant Governor, provides that:
“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 or quasi-judicial functions.
(2) If any question arises as to whether any matter is or is not a matter as respects which 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 question arises as to whether any matter is or is not a matter as respects which the Lieutenant Governor is required by any law to exercise any judicial or quasi-judicial functions, the decision of the Lieutenant Governor thereon shall be final.”
88. Accordingly, the Lieutenant Governor may act in his discretion only in two classes of matters. firstly, where the matter deals with issues which are beyond the powers of the Legislative Assembly and where the President has delegated the powers and functions to the Lieutenant Governor in relation to such matter; and secondly, matters which by law require him to act in his discretion or where he is exercising judicial or quasi-judicial functions.
89. Section 44 of the GNCTD Act confers the President the power to make rules regarding the allocation of business to Ministers wherein the Lieutenant Governor is required to act on the aid and advice of his Council of Ministers. It also provides for rules to ensure convenient transaction of business with the Ministers, including
61
