Delhigovtcan’t haveexclusive executive powers: Centre to SC

The Delhi government cannot have "exclusive" executive powers as it would be against national interests, the Centre on Tuesday told the Supreme Court.

Referring to the report of a committee and several apex court judgements, the Centre submitted before a five-judge constitution bench headed by Chief Justice Dipak Misra that a union territory (UT) cannot be raised to the level of a state under the Constitution and it has to be administered by the President of India.

"Designation does not change status. A union territory (Delhi) remains a union territory and it is not equivalent to a state. The Lieutenant Governor is not equivalent to Governors of states," Additional Solicitor General Maninder Singh, arguing for the Centre, told the bench which also included Justices comprised Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan.

The top court is hearing a clutch of appeals filed by the AAP government challenging Delhi High Court's verdict holding LG as the administrative head of the national capital.

Singh said every UT was to be governed by the President and the power of the President does not diminish with regard to Delhi.

"No exclusive executive power is with the Delhi government and granting exclusive power would not be in the national interest," the law officer said while referring to the report of a panel that had dealt with the powers which can be conferred to the local government of the national capital.

The bench then referred to the constitutional provision and said that neither the Lieutenant Governor, nor the council of minister can take decisions on their own.