Big win for Arvind Kejriwal's AAP, SC says LG bound by advice of Delhi government

The Delhi government had moved the apex court to challenge a Delhi High Court verdict that held that the Lt Governor held primacy over an elected government in the administration of Delhi. Asserting that it had the executive powers on which it can aid and advice the Lt Governor, the Arvind Kejriwal government had contended that an elected government can`t be treated subservient to an overriding authority of the Lt Governor.

Big win for Arvind Kejriwal's AAP, SC says LG bound by advice of Delhi government
According to the SC verdict, "All decisions of council of ministers must be communicated to LG but that doesn't mean concurrence of LG is required." Image source: PTI
Written By: ZeeBiz WebTeam
Updated: Wed, Jul 04, 2018
11:23 am
New Delhi, ZeeBiz WebDesk
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Delhi statehood battle: Chief Minister Arvind Kejriwal and his Aam Aadmi Party (AAP) today got a big reason to celebrate as the Supreme Court vindicated their stand that Lieutenant Governor has no independent decision-making power. The Apex court said, "Delhi's LG has no independent decision-making power, cannot act as an obstructionist. It added, "LG is bound to act on the aid and advice of the council of ministers."
 
According to the SC verdict, "All decisions of council of ministers must be communicated to LG but that doesn't mean concurrence of LG is required."

Arvind Kejriwal termed the SC verdict as big victory, tweeting, "A big victory for the people of Delhi...a big victory for democracy..."

 
Earlier, a Constitution Bench comprising Chief Justice Dipak Misra, Justice A.K. Sikri, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud, and Justice Ashok Bhushan had reserved the verdict on the contentious issue between the Centre and the AAP government on December 6 last year after hearing the matter for 15 days.
 
The Delhi government had moved the apex court to challenge a Delhi High Court verdict that held that the Lt Governor held primacy over an elected government in the administration of Delhi.
 
Asserting that it had the executive powers on which it can aid and advice the Lt Governor, the Arvind Kejriwal government had contended that an elected government can`t be treated subservient to an overriding authority of the Lt Governor.
 
The Kejriwal government also contended that it was only in an emergency situation that the Lt Governor can refer to the President the matters on which there are differences of opinion between the Lt Governor and the elected government.
 
The Delhi government also argued that the constitutional provisions can be interpreted only to advance the goals of the Constitution and the people`s democratic aspirations.
 
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The Centre, however, contended that all executive powers to administer the national capital were vested in it and that it exercised the same through the Lt Governor, telling the court that the "aid and advice" by the elected Delhi government was not binding on the Lt Governor, as was the case with other states.

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