Published: Fri, November 03, 2017
Global Media | By Garry Long

AAP needs Lt Governor's nod to govern capital: SC

AAP needs Lt Governor's nod to govern capital: SC

If a dispute were to arise between the Lieutenant Governor and the Chief Minister, the former would be the final authority until the President makes a decision, the apex court added.

One lakh posts are vacant in Delhi, but the problem is that the Kejriwal government had to take instructions from the Lieutenant Governor to fill these vacancies, Mr Subramanium submitted. He argued that Article 239AA could not be used by the L-G to frustrate the constitutional mandate for an elected government in Delhi.

The top court will continue the hearing.

"Article 239AA is unique to Delhi".

During the hearing however, the bench remarked that Delhi being a union territory, the Kejriwal government did not have absolute powers and needs the L-G's nod on a large number of matters especially police, public order and land.

"The LG can not use his power under Article 239AA proviso (4) to stultify the daily governance by sitting over the files", he said.

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The bench had begun adjudicating the raging turf war between the Delhi government and the Centre.

Justice Chandrachud said that LG can not stultify a scheme by sitting over the files instead he is bound to under Article 239AA to refer the matter to President in case of difference of opinion.

"Yes, there should be an element of objectivity in exercise of power by the L G following the difference of opinion".

He said that proviso (4) in Article 239AA can not be used by the LG to frustrate the constitutional mandate of an elected government in Delhi. SC said, the LG will be the administrative head and will not be bound to advise of the council of ministers.

"If Jan Lokpal is passed in Delhi, then our MLAs will be trapped, our ministers will be trapped, our Chief Minister will be trapped, it's good for you (central government), so pass it. Yes, that has to be genuine", the bench said. However, the Parliament has overriding powers on both the state and concurrent lists to make laws, it said. Appearing for the state government, Senior Counsel Gopal Subramanium contended that its day-to-day working was being hindered as civil servants feel they don't have to report to the ministers but only to the L-G.

Justice Chandrachud said that the President exercises his administrative control over Union Territory through Lt Governor, and if there are specific instances of excesses, then the court can address them.

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