Delhi Power Tussle: LG has no independent decision-making power, rules Supreme Court

04 July 2018, 01:32 PM
Supreme Court delivers split verdict in Delhi power tussle
Supreme Court delivers split verdict in Delhi power tussle

In a major relief to Arvind Kejriwal in Delhi power tussle case, the Supreme Court on Wednesday ruled that the Lieutenant Governor (L-G) has "no independent decision-making power" and he cannot be "obstructionist".

A five-judge constitution bench headed by Chief Justice Dipak Misra delivered a split verdict in the AAP vs L-G Delhi power tussle case. Pronouncing the verdict, the apex court observed that all the constitutional functionaries must uphold the constitutional morality and function with the spirit of the Constitution.

The bench headed delivered three different verdicts on the matter. While one verdict was delivered by CJI Misra, two others were authored by Justices Chandrachud and Ashok Bhushan delivered different verdicts.

Highlights:

#11:20 AM: A big victory for democracy: Reacting to the Supreme Court's judgment, Delhi Chief Minister Arvind Kejriwal said that it was "a big victory for the people of Delhi...a big victory for democracy..."

#11:15 AM: Justice Chandrachud reads out his judgment: Justice Chandrachud rules in a minority judgment that the LG is merely a titular head of Delhi. The Real power must lie with the elected government.

#11:12 AM: LG has no independent decision-making power: The Supreme Court observes The lieutenant governor hasn't been entrusted with independent decision-making power and that the state should enjoy freedom unsolicited interference.

#11:10 AM: Only three reserved subjects, police, land and public order with the Centre. All others under the domain of Delhi Govt.

#11:05 AM: LG bound by the advice of the Council of Ministers: SC holds that LG is bound by the aid & advice of the Council of Ministers. LG must work harmoniously & not restrict them in every which way. LG should not act in a mechanical manner to refer every order of the Govt to the President but only exceptional ones.

#11:00 AM: LG can't delay Delhi govt decisions: "If legitimate decisions of the legislature are delayed by L-G, collective responsibility of govt stands negated."

#10:50 AM: Centre must not usurp Delhi's legislature power: "Union and State governments must collaborate and display harmonious relations. Centre must not usurp power on matters within the domain of the legislature," Misra added.

#10:40 AM: CJI Dipak Misra reads out his verdict: "Delhi can't have powers of a full state in view of an earlier nine-judge judgment. Aid and advice under Article 239AA means that LG is bound by aid and advice of the elected government."

#10:30 AM: Delhi Power Tussle: Supreme Court delivers split verdict in AAP vs Centre. A five-judge constitution bench headed by Chief Justice Dipak Misra delivered three different verdicts. One verdict by CJI Misra, two others by Justices Chandrachud and Ashok Bhushan.

AAP vs Centre: The arguments in the Supreme Court

During the arguments in the court, the ruling Aam Aadmi Party had accused the L-G of taking many executive decisions leaving the Delhi government out of the control over land, bureaucracy and police.

The AAP also stressed on a "harmonious interpretation" of Article 239AA of the Constitution, which deals with power and status of Delhi.

The Centre, on the other hand, raised questions over several "illegal" notifications, issued by the AAP government in Delhi. The notifications were challenged in the high court.

First Published: Wednesday, July 04, 2018 10:28 AM
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