Delhi, the Supreme Court shocked LG on Wednesday in connection with the ongoing battle between the Kejriwal government and LG . The bench of five judges unanimously said that the cabinet has the real strength. The Supreme Court said that all the decisions of the Council of Ministers should be made known to the Deputy Governor, but this does not mean that the consent of the Deputy Governor is necessary. The Constitution Bench of the Court gave the order that the Lt. Governor has no independent authority to take decisions and he is obliged to work with the advice of the elected government.
The court also advised the Delhi government and LG to work with each other. The court said that in Delhi, police, law and order and land, all officers will remain with LG In this case, the elected government can make laws in all other cases. It is worth noting that the High Court in its decision in August 2016 had said that Delhi is a Union Territory and special provisions have been made for it under Article 239AA of the Constitution. In this way, LG is in the role of administrator in the capital.
Chief Justice Deepak MishraA five-member constitution bench presided over the decision of the consensus, “There is no place for despotism and chaos.” The bench said that the Lieutenant Governor, who is appointed by the Center, can not work as ‘obstructive’. The Constitution Bench, in three separate but agreed decisions, said that the Lt Governor has no right to make decisions independently. In the other members of the Constitution bench, Justice A. K. Sikri, Justice A. M. Khanvilkar, Justice Dhananjay Y Chandrachud and Justice Ashok Bhushan were also present.
This arrangement justified Kejriwal. The bench gave clear guidelines for the first time for the Lieutenant Governor and Delhi, who, despite not getting full state status, chooses its legislators and makes the government, in the form of the rights of the two branches of the executive.
Chief Justice Deepak Mishra while reading the decision said that the democratic values are the highest. The government should be accountable to the public. Government is available to the public and coordination of power is necessary. The Center and the State have to work with coordination. States have given freedom to the federal structure. The importance of public opinion, it can not be entangled in technical aspects. Chief Justice said that LG is the Administrator of Delhi.
Significantly, Kejriwal was accusing Baazal for a long time that he was not allowing them to work properly at the behest of the Center. The apex court said that except for public order, police and land, the Delhi government has the power to make laws and rule over other subjects. A senior official said that after the arrangement of the apex court, the services will be brought under the Government of Delhi and the intervention of the transfer of bureaucrats of political leadership and deployment will be done. Lt Governor Badjal did not immediately comment on this arrangement of the top court.
Three judges of the bench signed the CJI decision. Justice A.K. Sikri, Justice, A.M. Khanvilkar has agreed on this decision. However, the two judges read their separate decision after this. Although the real strength is only with the Council of Ministers, the five judges agreed with it unanimously.
Delhi’s CM Arvind KejriwalHas tweeted happily on the verdict of the Supreme Court. He said, ‘This is the victory of the people of Delhi. There is a great victory for democracy. ‘ Explain that the High Court had given a historic judgment saying that Article 239 and 239 AA of the Constitution is closely monitored and it is a Union Territory under the Business Transactions of NCT Delhi 1993, but special provision was made in the 69th Constitution Amendment is. This means that Article 239 is not light after the article-239A arrives. Because of this LG is not obliged to adhere to the cabinet advice.
For the past several years, there was a tremendous tussle between the Delhi government and the Center. The AAP government was demanding Delhi’s full statehood.
The Central Government had given these arguments
On behalf of the Central Government, Additional Solicitor General Maninder Singh said that Delhi is a Union Territory and it has never been kept as a state.
The Constitution does not mention any mention about keeping Delhi as a state and nor does such a concept look. Which is not specifically mentioned in the Constitution, can not be interpreted in the context of Union Territory of Delhi itself.
This does not mean that Delhi is a state and it has got the same powers as other states. In such a way, such a hypothesis can not be made that the Union Territory of Delhi has a special executive power separately.
Delhi is completely centrally administered and the President has got through the last authority center. There is no motive for the constitution specifically about Delhi’s executive authority nor is there any such concept as it will lead to chaos.
The central government argued that in 1987, the Central Government had created a committee demanding all political parties, who had considered the fact that Delhi was given full state status. But the committee rejected this demand. Delhi is Union Territory, it does not have equal powers in any state.
The Delhi government is trying to sympathize itself by calling itself a victim.
Delhi has powers to co-exist, it will be considered as Union Territory. It is not obligatory for LG to accept the advice of the Council of Ministers.