AAP vs Centre: L-G is the Administrator of Delhi rules Supreme Court; says he must act harmoniously with the Delhi government
AAP vs Centre: L-G is the Administrator of Delhi rules Supreme court; says 'Obeying the constitution is everybody's duty and responsibility'
Supreme Court on pronouncing the judgement on Arvind Kejriwal governmnet and Centre power tussle said, L-G is the Administrator of Delhi. Chief Justice of India, Dipak Misra says 'Obeying the constitution is everybody's duty and responsibility'.
Chief Justice of India Dipak Misra said 'the relationship between Centre and State Government should be healthy'. 'The LG must work harmoniously with the state, the LG and council of ministers have to be constantly aligned,' he added.
The two must collaborate and take decisions in consonance of the Constitution. He adds that the Lieutenant Governor has to consult the Council of Ministers and cannot act independently unless written in the Constitution. He reiterated that the LG holds different powers from Governors of other states, added CJI Dipak Misra.
Earlier, a five-judge Constitution bench headed by the Chief Justice Dipak Mishra had reserved verdict last year on December 6 on the petitions, which contended that the Lt Governor could not claim absolute executive powers in the administration of the Union Territory.
Arvind Kejriwal-led AAP government argued that the Lieutenant Governor (L-G) had created a situation that no bureaucrat is obeying Delhi Chief Ministers and other Ministers directions. The Lt Governor, it said was holding meetings separately with officials without Ministers which was against the democratic governance of an elected government.
The Delhi High Court had also held that the then L-G, Najeeb Jung was Delhi's administrative head and all decisions will have to be taken with his consent and concurrence. After finding out this, the Kejriwal government had said the HC judgement subverted the democratic governance structure put by a constitutional arrangement, which recognises Delhi’s special powers despite being a Union Territory.
It also argued that Article 239 AA could not be used by the Lt Governor to frustrate the constitutional mandate for an elected government in Delhi, reports.
However, the apex court judgement has announced its jugdement as no one is Delhi's boss but LG is the Administrator of the national capital.