New Delhi, July 4: Delhi’s Lieutenant Governor (L-G) has to respect the city’s democratically elected government and cannot obstruct every policy decision of the government, said the Supreme Court on Wednesday as it heard petitions on the Aam Aadmi Party (AAP) government’s tussle with the Centre over administrative control of the national capital.
“The L-G is bound by the aid and advice of the council of ministers,” said a five-judge bench on appeals filed by the Arvind Kejriwal-led Delhi government against a Delhi high court judgment declaring L-G as the sole administrator of the city.
The L-G’s special power–that of referring matters to the Centre — needs to be exercised in exceptional circumstances and not in a routine manner, said the Supreme Court.
The L-G must remember the elected government is answerable to the people. Governance will come to a standstill if every decision is referred to the President, said the court, prompting chief minister Kejriwal to declare a “big victory”.
L-G Anil Baijal and his predecessor Najeeb Jung and the Delhi government have been locked in a bitter power tussle ever since the AAP swept to power in Delhi in 2015.
The conflict stems out of the status of Delhi, which is a Union Territory and not a full state. As a result, the Delhi government does not have control over land,appointment of senior officers and the police force. These three are controlled by the L-G.
Source Hindustan Times