The Asian Age

Chidambara­m bats for AAP in SC

- J. VENKATESAN

Senior Congress leader and former home minister P. Chidambara­m made a fervent plea in the Supreme Court to ensure that the L-G functioned within the sphere of democratic governance to reflect the aspiration­s of the people of Delhi.

Appearing for the Kejriwal government, Mr. Chidambara­m submitted before a five judge constituti­on bench of Chief Justice Dipak Misra and justices A.K. Sikri, A.M. Kanwilkar, D.Y. Chandrachu­d and Ashok Bhushan, that it is the duty of the L-G to act under the aid and advice of the council of ministers of Delhi.

Quoting the provisions of the government of NCT Delhi Act, Mr. Chidambara­m submitted that L-G was not a Viceroy of the British crown as suggested by the Delhi HC. Even in the case of difference of opinion the L-G cannot sit over it or refer the matter automatica­lly to the President for his considerat­ion.

The L-G was required to first seek a clarificat­ion from the council of ministers or he can ask them to reconsider the decision, he added.

Any interpreta­tion by the highest court relating to Article 239 AA of the Constituti­on relating to the powers of the National Capital Territory of Delhi must advance the cause of democracy. He argued that the court’s interpreta­tion must reflect the principle of democratic governance of the cabinet and it must not weaken the democracy. Counsel pointed out that the L-G as a representa­tive of the President could exercise the functions to the extent the President deems fit’.

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