Trace Your Case

ISSUE:

If the Government of NCTD is given the necessary resources, is it then competent to exercise this function, or must posting orders of public services be approved by the President of India?

Does the GNCTD have the authority to issue executive orders in accordance with the Delhi Electricity Reforms Act of 2011 and the Delhi Electricity Reforms (Transfer Schemes) Rules of 2001 without first seeking the Lieutenant Governor's opinion or approval?

Whether the Lieutenant Governor has the authority to do so under Section 24 of the Code of Criminal Procedure, 1973 (CrPC), to the exclusion of the GNCTD?

RULE:

If a provision of a legislation approved by the Legislative Assembly conflicts with a provision of a law passed by Parliament regarding a certain issue, the latter will take precedence and the former will be repealed. This applies to any subject, regardless of whether it was passed before, after, or in accordance with a law passed by the Legislative Assembly or a prior law that was not a law passed by the Legislative Assembly.

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