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Posted: July 4, 2018 3:22:31
Kejriwal government accused LG Baijal to make fun of democracy.
Who's in charge of Delhi – Chief Minister Arvind Kejriwal or Lieutenant Governor Anil Baijal? It will be known Wednesday when the Supreme Court will deliver its verdict on a batch of petitions challenging the High Court of Delhi's order, which held the LG as chief administrative officer of the nation's capital.
The case was entered on the bench trial list headed by Chief Justice Dipak Misra at 10:30. The bench, which also includes Judge AK Sikri, Judge AM Khanwilkar, Judge DY Chandrachud and Judge Ashok Bhushan, had reserved his verdict on December 6, 2017.
The AAP government had taken a stand that the Chief Minister and the council the ministers had the power to make laws as well as the executive power to enforce the laws pbaded. He argued that the GL made many executive decisions and that a "harmonious interpretation" of Section 239AA (which provides for special provisions regarding Delhi) of the Constitution was necessary to fulfill the constitutional mandate of 39, a democratically elected government.
The Kejriwal government also accused the LG of making fun of democracy, claiming that it was taking the decisions of an elected government or substituting them without power. The state government also accused the L-G of sitting in files. The Center replied and stated that the said provisions "do not give them (the Government of Delhi) any exclusive executive power" and that "for any centrally administered territory … and especially Delhi for its unique position … the responsibility is on the shoulders of the Union Government "
Appearing for the Center, Deputy Solicitor General, Maninder Singh, said that the constitutionalists had never intended to give full status to Delhi. The Constitution clearly defines both the territory of the Union (UT) and the state, and if the UT was to be interpreted as a state, it would have expressly stated it. "Unless there is a specific reference, we can not read that in the entirety of the Constitution," he argued.
Singh said that in 1987, the central government set up a committee to examine the demands of different political parties. give full status to Delhi. ASG also dismissed the accusation that the LG was acting on its own and was sitting in files, saying that out of the approximately 600 files submitted to the LG in the last three years, only three were referred to the President because of differences of opinion.
Even these three relate to the operation of the police, which fell into the exclusive domain of the Center, he said. The rest has been arranged at the secretariat level, he added.
The Delhi government asked the High Court to challenge a notification from the Ministry of the Interior, claiming that it gave unprecedented powers to the GL. Rejecting the government's position of the PAA, the HC ruled in August 2017 that "the badertion of the Government of Delhi that the Lt Governor is bound to act solely on the aid and advice of the council of the Ministers with regard to matters making laws has been conferred on the NCT Legislative Assembly of Delhi under Article 239AA, is without substance and can not be accepted. "
The Government of Delhi was represented by senior judges P Chidambaram, Gopal Subramanium, Rajeev Dhavan and Indira Jaising. 19659014] For all the latest news from India, download Indian Express App
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