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The Supreme Court delivered its verdict on the ongoing conflict between the Center and the democratically elected government of Arvind Kejriwal which exercises power to administer and govern the national capital .
Constitution Bench headed by Chief Justice Dipak Misra, in a majority judgment, ruled that the Delhi government has power in all areas except the land, police and public order and the lieutenant governor is bound by the help and advice of the government
Our Legal Correspondent Krishnadas Rajagopal reports from the Supreme Court.
Here are the updates:
Getting to Work: Maken
Delhi Congress President Ajay Maken says: Now that the Supreme Court has said everything, there should not be any trouble. apologies, just a development for Delhi.The government of Kejriwal and LG had turned around the Delhiites like a football, they should stop now and get to work. "
In the margins of the verdict, Sitaram Yechury, the head of the CPI (M), tweeted," Today's judgment has highlighted the role of governors and governors as well as their abuse. The masquerade of BJP's cooperative federalism and, in fact, the destruction of our federal structure is reprehensible: LG / governors can not usurp the rights of an elected state government. "
Great victory for the people of Delhi: Kejriwal
Prime Minister of Delhi and President of Aam Aadmi, Arvind Kejriwal tweeted:
the people of Delhi … a great victory for democracy ..
– Arvind Kejriwal (@ArvindKejriwal) 4 July 2018
Saurabh Bharadwaj, spokesperson for the AAP Delhi, hugs Nagendar Sharma, media advisor to the chief minister, after the verdict.
| Photo credit: Sandeep Saxena
Deputy Chief Minister Manish Sisodia, welcoming the verdict, likened the verdict to the party's overwhelming victory in the Delhi elections. "67/3 was the historic decision of the people of Delhi Today, the Honorable Supreme Court has delivered an important verdict," tweeted Mr. Sisodia in Hindi. On behalf of the people of Delhi, I thank the Honorable Supreme Court for stating that the people were a real power, "he added.
Sisodia also said that the party's fight for the creation of a state will continue.
Competition not required: Judge Ashok Bhushan
The five-judge panel acceded to the 1996 decision of the Supreme Court in the NDMC against the state of Punjab to hold that Delhi is not a state but "special". [19659002TheJustAshokBhushandansanpairedpartiesthattheGcannottransmitanydifferenceofopinionwiththePresident
The GL only needs to be informed of the NCT Government's decision. Judge Bhushan states that there is no need for his badistance.
The elected government, not LG, has substantive powers: Chandrachud J.
Collective responsibility means that the government speaks with one voice to the people whose government holds his aspirations, says Judge DY Chandrachud, rendering his verdict
The real authority for making decisions lies in the elected government. That's the meaning of "help and advice". According to Chandrachud J., the head of the licensee must act in accordance with the aid and counsel.
The real power must reside in elected representatives in a democracy. They have a responsibility to the legislature. But there is a balance to be struck by taking into account Delhi's special status and fundamental concerns, since Delhi is the national capital, he adds.
Elected representatives would be reduced to one number if "any question" in Article 239AA (4) is interpreted as any governance issue. Chandrachud J. argues that this Constitutional Court would not be of service if an elected government were reduced to a simple form without substance.
The difference of opinion between the lieutenant governor and the NCT government should not be artificial. The LG should remember that it is not it but the elected government that has substantive powers: Judge Chandrachud
The role of the LG is not to supplant the constitutional role of the NCT government but d & rsquo; # 39; s help. Judge Chandrachud says in his judgment
There is no independent authority over the LG to make decisions except in relation to Article 239 or out of the purview of the NCT government, the judge Chandrachud. rules.
First reaction
The party Aam Aadmi seems to be happy with the verdict. Party spokesman Rahav Chadha tweeted: "The Delhi government has been restored, democracy has been restored in Delhi, the democratic rights of the people of Delhi have been restored, thank you, SC."
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The decision of the Delhi Government only needs to be communicated to the Lieutenant Governor, this does not mean that LG's approval is required, say Judges Dipak Misra, AK Sikri and AM Khanwilkar in the majority judgment of the Constitution Bench
The LG can not without applying his mind refer every difference of opinion between him and the Delhi government to the president. The L-G is an administrator in a limited sense and is not a governor. The L-G is bound by the help and advice of the NCT government in areas other than the exempted ones, says the CJI
The Bench also urges the lieutenant governor and the Delhi government to work harmoniously.
Delhi is not a state: CJI
The Territory of the National Capital of Delhi does not have the status of a "state", says the Chief Justice of India while rendering the verdict.
Judge Dipak Misra says:
The union has exclusive executive powers over land, police and public order. All other areas of Delhi government has power, the judgment of the CJI reads.
Any question in Article 239AA (4) does not mean everything, he says furthermore.
The LG can only refer differences of opinion under section 239AA (4) to the chair only in "exceptional matters". This is an exception not the general rule. It must act in the spirit of constitutional trust and morality, says the CJI.
Main arguments in the government of Delhi. L-G case
The AAP government has confronted the L-G with respect to the Center's appointments, clearance of records and control of the police service. File
| Photo credit: Sandeep Saxena
Extracts from the arguments presented in court for 15 days from November 2, 2017 on the appeal of the Government of Delhi challenging the High Court judgment of August 2016 holding the Lieutenant- governor as administrative head of the capital
SC reserves the verdict on the powerhouse of Delhi-Center
On December 6, 2017, a constitutional court of five judges of the Supreme Court reserved for judgment the power debate Center -Delhi on power between them. of administration and governance in the national capital.
Central Delhi Cretin: Arguments and Counter Arguments
Who Should Govern Delhi? The big question in the constitutional court of five judges.
Nine Days of Delhi Dharna: A Recapitulation
When the Chief Minister of Delhi Arvind Kejriwal left Raj Niwas – the official residence of Lieutenant Governor Anil Baijal – at his home on June 20, he made headlines in the media. Although a Chief Minister who visits an L-G office is not new, a Chief Minister and his Cabinet colleagues occupy the Raj Niwas Visitors Lounge for nine days.
The Hindu explains: The Powers of Governors and Lieutenant Governors
A lieutenant governor also has the same powers as a governor. Only three territories of the Union – Andaman and Nicobar, Delhi and Puducherry – have Lt. Governors. In an observation made in November 2017, the Supreme Court stated that the lieutenant governor of Delhi has more powers than the governor of a state – he does not have to listen to the advice of the Council of Ministers.
In a PAA coup, Delhi HC holds the Lieutenant-Governor as administrative head
In a big shot at Aam Aadmi's government fight for Independence Delhi and power control with the government of the Union, Delhi High Court said Thursday that the territory of the national capital continues to be a territory of the Union and that the lieutenant governor in is the administrative head.
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