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Supreme Court Verdict LATEST UPDATES: The Supreme Court stated that Delhi is not a complete state and that the L-G does not have independent power. LG's status is not similar to that of the governor of other states, while Parliament has the power to make laws for Delhi on subjects in the state and competing list, the Elected government can also make laws on any subject. police and public order. If Parliament pbades a law, the executive branch of the state must comply with the law pbaded by Parliament. The Supreme Court also observed that the CL is bound by the aid and advice of the Council of Ministers to implement the decision of the President.
The Supreme Court on Wednesday gave more power to the elected government in Delhi and limited the role of the LG. "The lieutenant governor can not act mechanically and refer all cabinet decisions to the president. The LG's role can not be obstructionist, it has to work with the Cabinet and respect their decisions, "said India's Chief Justice Dipak Misra when reading the verdict of the constitutional court of five judges. more than the CJI, the bench included the judges AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan.
Reading their judgment, a five-judge court in a majority order declared that the state and the Union must be in good health, both must collaborate and make decisions in accordance with the Constitution.He added that the LG must consult the Council of Ministers and can not act independently unless it is constitutionally reiterated that the LG has different powers from the governors of other states
"LG must work harmoniously with the elected government, but LG is the administrative head but he can not act as a obstructionist. "
three judges – CJI Dipak Misra, AK Sikri and AM Khanwilkar, the bench noted that the LG can not interfere in every decision of the elected government. The LG must work harmoniously with the state, the LG and the Council of Ministers must be constantly aligned, noted the Supreme Court.
The Constitution of India imposes a federal balance between the state and the Center, the Center should not usurp the powers over the areas within the state's dominance, the bench of five judges noted. The Delhi government does not have the status of "state," noted the CJI. The Supreme Court also stated that the L-G is bound by act and council of the council of ministers … "L-G can not act independently, unless the Constitution permits," the court observed. PTI "width =" 380 "height =" 285 "clbad =" size-full wp-image-4662041 "/>
File Image of Delhi Chief Minister Arvind Kejriwal PTI
CJI Dipak Misra Begins In November 2017, the AAP government argued to the Supreme Court that the actions of the Lieutenant Governor could not be an obstacle to the day-to-day operation of the government.
In anticipation of the verdict of the Supreme Court Wednesday During the power struggle in Delhi, AAP spokesman Saurabh Bharadwaj tweeted "reminders" against the Narendra Modi government "The AAP government was formed in February 2015. Three months later, the Modi government brought this notification that took away the government's services from the PAA, which means that the Sheila Dixit government had full control over its agents / employees, the Kejriwal government, "he said. says
Will it be the chief Mining Delhi Arvind Kejriwal or the Center, represented by Lieutenant Governor Anil Baijal? The Supreme Court is more likely to pronounce its verdict on who controls the reins of power to administer Delhi.
A constitutional court composed of Chief Justice Dipak Misra, Judge AK Sikri, Judge AM Khanwilkar, Judge DY Chandrachud and Judge Ashok Bhushan reserved the verdict on the disputed issue between the Center and the AAP Government on December 6 last year after hearing the case for 15 days.
The Delhi government had moved the apex court to challenge a verdict of the Delhi High Court that ruled that the LG
baderting that he had the executive powers over which he could help and advise the GL , the Kejriwal government had argued that an elected government could not be subject to a dominant government. authority of the LG. The Delhi government also argued that it was only in an emergency situation that the LG can refer to the President the topics on which there are differences of opinion between the LG and the elected government.
The Delhi Government also argued that constitutional provisions can be interpreted solely to advance the objectives of the Constitution and the democratic aspirations of the people. On the other hand, the Center argued that all the executive powers to administer the national capital were vested in it and that it exercised the same authority through the GL.
The Center told the court that "help and advice" the government did not bind the LG, as was the case for other states.
Although the Center sought to emphasize the pivotal position enjoyed by the Lt Governor in the Delhi administration, the Supreme Court declared that show "Constitutional Statemanship" in the treatment of an elected government.
