Aam Aadmi Party government’s petition is the argument that an elected government cannot be without any power and the constitution could not give the Lieutenant Governor powers to “stultify daily governance by sitting over files”. The petition challenges the high court’s decision that the Lieutenant Governor is the administrative boss of Delhi.
A five-judge constitution bench of the Supreme Court headed by Chief Justice Dipak Misra on Wednesday said New Delhi cannot be given the status of a state.
The Lieutenant Governor cannot act independently and must take the advise of the Council of Ministers. – Supreme Court Said
The Arvind Kejriwal-led Aam Aadmi Party which had challenged the Delhi High Court’s order holding the LG as the administrative head, hailed the apex court’s verdict, saying, “A big victory for the people of Delhi…a big victory for democracy…”
Read Top Court Verdict Today In AAP vs Centre: Facts
“The relationship between the Centre and state government should be healthy,” said Misra, according to ANI. “Obeying the Constitution is everybody’s duty and responsibility,” he added.
The CJI said the Lieutenant Governor (L-G) must work harmoniously with the state. “The LG and council of ministers have to be constantly aligned.”
“Being an administrative head, the L-G needs to be informed about all the decisions taken by the council of ministers. But that doesn’t mean his concurrence is required. The L-G cannot act as an obstructionist,” the Supreme Court said.
According to the Supreme Court bench, the lieutenant governor must not mechanically refer every matter to the President. “The L-G must apply his mind before doing so. Respect needs to be given to the representative government.”
L-G can’t interfere with policy decisions taken by the AAP government in Delhi.
The five-judge bench in the Supreme Court, headed by CJI Dipak Misra, ruled that the L-G cannot interfere with policy decisions taken by the AAP government in Delhi.
While stating that Delhi could not be granted “full statehood”, the bench ruled that the elected government could make rules on all subjects in the concurrent list, and subjects in the state list, barring three – which are law, police and public order.
The Delhi government have been locked in a bitter power tussle ever since the AAP swept to power in Delhi in 2015.