In a massive victory for Arvind Kejriwal-led Aam Aadmi Party government in Delhi, the Supreme Court on Wednesday said that ‘real power lies with the elected government.’ The top court also said that the Lt Governor ‘can’t be obstructionist.’
In the majority judgment by three of the five judges, Chief Justice of India Dipak Misra observed that ‘Council of Ministers has to communicate its decision to Lt Governor, this does not mean Council of Ministers are bound by Lt Governor.’ (SUPREME COURT's TOP COURT)
There is no space for anarchy and absolutism in our Constitution, the CJI said. ‘Lt Governor (Anil Baijal) is bound by aid and advice of Council of Ministers, subject to the proviso to Article 239 AA to refer matter to President. He cannot act independently and has to act as per aid and advice of Council of Ministers.’
The big Delhi verdict today decided that who the administrative head of the national capital will be.
The court announced its decision on a batch of appeals filed by the Arvind Kejriwal-led Delhi government challenging the Delhi High Court's order holding the Lieutenant Governor (L-G) as the administrative head of Delhi.
It is yet to be seen that they verdict by the Constitutional Bench will end the ongoing fight between the Aam Aadmi Party (AAP) government and the LG over who heads Delhi. A five-judge Constitution bench, headed by Chief Justice Dipak Misra, had commenced hearing in the matter on November 2 last year, had reserved its verdict on December 6, 2017.
The Delhi High court, in its August 4, 2016, verdict, had said that LG is the administrative head of National Capital Territory and AAP government's contention that he is bound to act on the advice of Council of Ministers was "without substance".
The Centre had referred to the Constitution, the 1991 Government of National Capital Territory of Delhi Act and the Transaction of Business of the Government of National Capital Territory of Delhi Rules to drive home the point that the President, the union government and the L-G had supremacy over city dispensation in administering the national capital.
On the other hand, the Delhi government had accused the L-G of making a "mockery of democracy", saying he was either taking decisions of an elected government or substituting them without having any power.
The Delhi HC, in its verdict, had said that L-G is the admin head of NCT and AAP govt’s contention that he is bound to act on the advice of Council of Ministers was “without substance”
