The Supreme Court on Thursday observed that Delhi government has to take Lieutenant Governor’s consent to govern the national capital but the latter cannot hold a file beyond a reasonable period.
The Apex Court’s observation came over an appeal against Delhi High Court order that LG is the boss of the national capital.
Senior lawyer Gopal Subramanium appeared for Delhi government and told the Supreme Court that it has limited power and should be given more power.
He also added that Delhi is the only Union Territory which enjoys maximum autonomy. "More than 1.14 lakh vacancies are there, but I cannot fill it up and have to seek LG's permission. I can't take steps to stop deaths in sewers. This is hampering governance.The LG cannot use his power under Article 239AA proviso (4) to stultify the daily governance by sitting over the files," he said.
Gopal Subramanium, representing Delhi govt told Supreme Court that it has limited power and should be given more power.— ANI (@ANI) November 2, 2017
The Delhi government argued in court that the elected government must have some sanctity and constitutional provisions have to be interpreted harmoniously.
Gopal Subramanium also added that Delhi is the only Union Territory which enjoys maximum autonomy— ANI (@ANI) November 2, 2017
The top court will continue the hearing on Tuesday.
The apex court said that Article 239AA of Constitution is unique with respect to Delhi and prima facie it appears that the LG is given more powers here, unlike in the other UnionTerritories.
A five-judge constitution bench headed by Chief JusticeDipak Misra is hearing a batch of pleas filed by the Delhi government against the high court verdict, which had held that Delhi is not a state and the LG is its administrative head.
AAP government told the apex court that its ministers have to bow down before the bureaucrats to get their opinions and, by virtue of proviso in Article 239AA, the babus do not acknowledge them as the heads of the departments.
"Article 239AA is unique to Delhi. Prima facie it appears that it gives more power to Lieutenant Governor unlike other Union Territories. LG in Delhi has the primacy under the Constitution," the bench, also comprising Justices A K Sikri,A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said. (With PTI Inputs)