LG bound to act on advice of elected Delhi government: SC
July 4, 2018
New Delhi: Upholding the supremacy of the Delhi government, the Supreme Court today held that the Lt Governor will have to act on its advice in administrative matters.
A five-judge bench of the apex court, in an eagerly awaited judgement, said that the Lt governor was answerable to the people and cannot obstruct every decision of the National Capital Territory government.
The SC bench comprising CJI Dipak Misra, Justices Ak Sikri, DY Chandrachud and Ashok Bhushan delivered three separate but concurring judgements.
The Bench and Bar reported that the CJI said the court must adopt an interpretation of the Constitution which is in consonance with democratic principle. he said the Lt Governor is bound by aid and advice of Council of Ministers, subject to the proviso to Article 239 AA to refer matter to President, and that he has to work harmoniously with his Council of Ministers.
The staus of Delhi is sui generis, a class apart, so Lt Governor is not in the same class as a governor of a state. He also said that there was no place for anarchy and absolutism in the Constitution, the Bench and Bar said in a summary of the judgement.
The judgement came on an appeal of the AAP Government in Delhi against a High Court order that said the Lt Governor was the administrative boss of Delhi.
The Delhi Government was represented by a battery of senior lawyers–Indira jaisingh, Gopal Subramanium, P Chidambaram, Rajiv Dhavan and Shekhar Naphade, while the Cetre was represented by Additional Solicitor General Maninder Singh and Senior Advocate Sidharth Luthra.
Delhi Chief Minister Arvind Kejriwal in a tweet described the judgement as ” a big victory for the people of Delhi… a big victory for democracy.”
However, the BJP described the judgement as victory of the Constitution, pointing out in a dig at Mr Kejriwal that the apex court has also cautioned against creating anarchy.
–India News Stream staffer