LG not independent, but Delhi not state, rules SC

Delhi’s Lieutenant Governor (L-G) is bound to listen to the city’s democratically elected government and cannot act independently, said the Supreme Court on Wednesday, prompting the Aam Aadmi Party (AAP) government to claim victory against the Centre over administrative control of the national capital.

“The L-G is bound by the aid and advice of the council of ministers,” said a five-judge bench in a majority verdict after hearing appeals filed by chief minister Arvind Kejriwal’s government against a Delhi high court judgment declaring L-G as the sole administrator of the city.

The L-G’s special power — that of referring matters to the President — needs to be exercised in exceptional circumstances and not routinely, said the Supreme Court.

All decisions by Delhi’s council of ministers, who are elected representatives, must be communicated to the L-G but that does not mean his concurrence is required. “There is no room for absolutism and there is no room for anarchism also,” said the court.

Delhi chief minister Arvind Kejriwal hailed the verdict.

“A big victory for the people of Delhi...a big victory for democracy,” he said in a tweet.

His deputy, Manish Sisodia, said, “It’s a landmark judgment by the Supreme Court. Now Delhi government will not have to send their files to L-G for approval; now work will not be stalled. I

NEW DELHI:

Being an administrative head the Lt Governor needs to be informed about all the decisions taken by the council of ministers. But that doesn’t mean his concurrence is required.

L-G has to respect the democratically elected government... work harmoniously with council of ministers and not resist.

No independent authority to take decisions except where he thank the SC, it’s a big win for democracy.”

Responding to the AAP statements, Bharatiya Janata Party spokesperson Nalin Kohli said that there is no reason for the Delhi government to call it a victory, as their demand for statehood to Delhi has been rejected.

“I don’t understand how Delhi government is claiming this to be a victory? Their main plank was that this is a state whereas Court has unequivocally said it’s not a state. They said they had the exclusive executive control that was rejected too. This is a UT (Union Territory), Centre has a role to play,” Kohli said.

The judgement — pronounced by Chief Justice Dipak Misra — also held that the LG cannot act as an “obstructionist”. In three separate but concurring judgements, Justices AK Sikri, AM acts as a quasi-judicial or judicial authority.

Aid and advice given by council of ministers is binding on L-G unless he decides to exercise his special power.

LG must not mechanically refer every matter to President.

Must apply his mind before doing so. Khanwilkar, DY Chandrachud and Ashok Bhushan said there is no authority vested with the LG to take independent decisions.

LG Anil Baijal and his predecessor Najeeb Jung and the Delhi government have been locked in a bitter power tussle ever since the AAP swept to power in Delhi in 2015. The conflicts stem out of the status of Delhi, which is a Union Territory and not a full state. As a result, the Delhi government does not have control over land,appointment of senior officers and the police force.

These three are controlled by the L-G in consultation with the Union home ministry.

“A big victory for the people of Delhi...a big victory for democracy,” said Kejriwal on Twitter minutes after the Supreme Court verdict.