Avoid discord, initiate dialogue: SC verdict

NEWDELHI: Putting to rest the tussle over the administrative control in Delhi between the Aam Aadmi Party government and the office of the Lieutenant-governor, the Supreme Court on Wednesday said the two sides should settle differences by way of discussion and dialogue.

The fight, which emerged out of the national Capital’s unique constitutional character, had reached the Delhi High Court after the AAP government challenged two central notifications that gave absolute powers to the L-G in appointing bureaucrats and limited the government’s Anti-corruption Branch (ACB’S) jurisdiction to probe Delhi government officials only.

In a 535-page verdict on Wednesday, a five-judge Constitution bench emphatically laid down that though Delhi cannot be accorded the status of a state, the L-G has no independent decision making power and has to act on the aid and advice of the council of ministers.

Interpreting article 239 AA of the Constitution that deals with Delhi’s status as a quasi state, the court said, “The Lieutenant Governor has not been entrusted with any independent decisionmaking power. He has to act on the aid and advice of the council of ministers.”

The SC bench stated, “The status of NCT of Delhi is sui generis, a class apart, and the status of the Lieutenant Governor of Delhi is not that of a Governor of a state, rather he remains an administrator.”

Urging the two sides to avoid confrontation, the apex court said the difference of opinion between the L-G and the government should have a “sound rationale”. “There should not be exposition of the phenomenon of an obstructionist but reflection of the philosophy of affirmative constructionism and profound sagacity and judiciousness,” the bench said.

Referring to the L-G’S powers to use his discretion when there is a difference of opinion, Chief Justice Dipak Misra — while writing the verdict for Justices AK Sikri, AM Khanwilkar and himself — held, “The Lieutenant Governor should not act in a mechanical manner without due application of mind so as to refer every decision of the council of ministers to the President.”

Justice DY Chandrachud explained the need for the Delhi government to keep the L-G informed about all its decisions. He, however, said that the information doesn’t mean “concurrence”.

“A duty imposed on the council of ministers is to inform the L-G on all matters relating to the administration of the NCT, neither the provisions of Article 239AA nor the rules require the concurrence of the L-G to a decision which has been taken by the council of ministers,” said justice Chandrachud.

The top court also stressed the need for maintaining a balance between the state and the Union governments in a federal democratic system.