Delhi’s L-G has more power than governor of a state, says SC

NEW DELHI: The Supreme Court on Thursday said that Delhi’ s lieutenant governor has more power than thegovernor of astate ashe does not have to act on the aid and advice of the council of ministers all the time.

It said the governor of a state has to more or less act on the aid and advice of the government except in the case of discretion that could be exercised by the office. The Delhi government claimedthat theL-G cannot govern Delhi, has no role in the affairs of the national capital. It is only the council of ministers, headed by the chief minister, which can govern, it said.

A five- judge constitution bench headed by Chief Justice Di pa kM is ra said that under Article 163, the governor has to act on the aid and advice of the council of minister except in the case where he has to exercise his discretion.

The court is hearing a batch of pleas on who enjoys supremacy in governing the national capital, referred to in Article 239 A A of the Constitution.

“The language of Article 163 is similar to Article 239AA sub clause 4 but the only difference is that the Legislative Assembly can not make laws with respect to entries 1, 2 and 18 in which the L-G can exercise his dis creation. Thus, the L-G has more power than a governor of state ,” a bench also comprising justices AK Sikri, AMKhanwilkar, DYChan- drachud and Ashok Bhushan said. It said land, police and public orders fall in the domain of the Centre and the Delhi Assembly can not make laws with regard to these subject.

Senior advocate Rajeev Dhawan, appearing for the Delhi government, said that Article 239AA and the GNCTD Act of 1991, made it clear that the L-G is just a delegatee of the President and can only act on his own in caseofanurgency. “TheL-Gcannot run Delhi. He has no role to run the affairs of Delhi. That role is assigned to the council of ministers headed by the chief minister. Nowhere in the Constitution such power has been given to the L-G,” he said.