World News

SC says Delhi LG can't delay decisions — AAP versus Centre

SC says Delhi LG can't delay decisions — AAP versus Centre

The Supreme Court on Thursday indicated that it may fix a time frame within which the Delhi Lt. Governor should dispose of the files sent to him by the state government and in case of delay in clearing files, he will have to assign reasons.

The Apex Court's observation came over an appeal against Delhi High Court order that LG is the boss of the national capital.

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.

After hearing the matter for more than five months, a two-judge bench of the apex court had on February 25 referred to a constitution bench all the petitions. Subramanium also sought to know if this "is contemplated under Article 239AA".

Assailing this finding Mr Subramanium said the HC verdict subverted the democratic governance structure put by a constitutional arrangement, which recognises Delhi's special powers despite being a Union Territory.

The bench observed that the provision is an in-built exception provided in the Constitution and prima facie it appears that overriding powers are given to the L-G through Article 239AA. There were also some grey areas where the Delhi government had no footprints. Justice Chandrachud ruled that the LG can not sit on files for long and has to pass it forth to the President of India in case of a difference of opinion. Senior Advocate Gopal Subramanium is now arguing for the Delhi Government.

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

According to the Newspaper, As a result, the aid and advice of the Council of Ministers is neutralised...

The Kejriwal government is seeking a judicial declaration on the boundaries of the constitutional relationship between the Delhi government and the Centre, in administering the Capital.

To this, the bench said there are three things - executive action, difference of opinion and validity of such opinion, which needs to be deliberated.

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.

As for the contention that the L-G was exceeding his powers, the court told the AAP government to spell out the specifics to enable the court to assess its points.


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