Najeeb Jung’s resignation from the post of Lieutenant-Governor comes just four months after a Delhi High Court verdict ruled that the L-G is the administrative head of the city, which continues to be a Union Territory.
The verdict, given on August 4, had made it clear that it was mandatory for the Delhi government to communicate all decisions to the Lieutenant-Governor.
Approval The judgement, passed by a Bench headed by Chief Justice G. Rohini, stated that the L-G’s approval is required in relation to all “services” and that “it is mandatory under the constitutional scheme to communicate the decision of the Council of Ministers to the L-G and an order thereon can be issued only where the L-G does not take a different view”.
Power tussle
Pointing out that the powers of the Governor of a Union Territory are not the same as the L-G of Delhi, the Bench had said: “In view of this fundamental difference in the powers conferred upon a Governor of State and the L-G of NCT of Delhi, it is not possible to hold that the L-G is bound to act only on the aid and advice of the Council of Ministers”.
With this verdict, all decisions taken by the Chief Minister and his Cabinet were to be sent to the L-G for approval.
Huge ramifications
The verdict “declared as illegal” the commission of inquiry ordered by the Aam Aadmi Party government into the CNG fitness scam in the transport department.
It also declared as ‘illegal’ the commission of inquiry into the alleged irregularities in the functioning of the Delhi and District Cricket Association (DDCA), an issue over which the Aam Aadmi Party was training its guns on Finance Minister Arun Jaitley.
The verdict also deemed null and void the controversial appointments of the Delhi Electricity Regulatory Commission chief, and the prosecutor in the transport scam.
