Arvind Kejriwal vs LG: AAP govt wins against Centre at Supreme Court: 10 Key highlights of verdict

Jul 04, 2018, 13:42 PM IST
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Arvind Kejriwal vs LG: The fight between the Centre and AAP government in Delhi was over deciding who has supreme decision-making powers - Delhi government or Lieutenant Governor. Supreme Court's Constitution Bench, comprising Chief Justice Dipak Misra, Justice AK Sikri, Justice AM Khanwilkar, Justice DY Chandrachud, and Justice Ashok Bhushan pronounced the decision. It gave victory to AAP government in Delhi led by CM Arvind Kejriwal. Here are the key points of the SC verdict:

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1. The Supreme Court today held that Delhi's Lieutenant Governor Anil Baijal does not have independent decision-making powers, and is bound to act on the aid and advice of the Council of Ministers. Image source: PTI 

 

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2. The judgement pronounced in the court by Chief Justice Dipak Misra, who was heading a five judge Constitution bench, also held that the LG cannot act as an "obstructionist". Two other judges, Justices A K Sikri and A M Khanwilkar, concurred with the verdict. Image source: PTI

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3. The bench said all decisions of the Council of Ministers must be communicated to the LG. Image source: PTI

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4. LG's concurrence is not required. SC ruled, "There is no room for absolutism and there is no room for anarchism also." Image source: PTI
 

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5. The Supreme Court said that except for three issues, including land and law and order, Delhi government has the power to legislate and govern on other issues. Image source: PTI

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6. Virtually disagreeing with the High Court order, the Supreme Court said the LG should not act in a mechanical manner and stall the decisions of the Council of Ministers. Image (Delhi CM Anil Kejriwal with his cabinet members) source: PTI

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7. The Apex Court said the LG has not been entrusted with independent powers and he can refer issues on difference of opinion to the President only in exceptional matters and not as a general rule. Image source: PTI

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8. The court further said that LG needs to work harmoniously with the Council of Ministers and an attempt should be made to settle the difference of opinion with discussions. Image (Dehli CM Anil Kejriwal with former LG Najeeb Jung) source: PTI

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9. The court said, "No independent authority vested with Delhi LG to take independent decisions." Image source: PTI

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10. Justice D Y Chandrachud in his separate but concurrent verdict said LG must realise that council of ministers are answerable to people. Image source: Reuters

 

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