The Centre on Wednesday refuted Arvind Kejriwal-led government’s charge in the Supreme Court that the Lieutenant-Governor “sits over its proposals and files” and asserted that 96% of its decisions were approved by the L-G within two to three days.
The Centre told a five-judge Constitution Bench headed by Chief Justice Dipak Misra that the Transaction of Business of the Government of National Capital Territory of Delhi Rules provided that every proposal or decision of the city government was required to be simultaneously presented before the L-G for approval.
Additional Solicitor General (ASG) Maninder Singh, representing the Centre, was responding to the observation of the Bench that the L-G was only required to be apprised of the decisions of the Delhi government on matters where the State Assembly has the power to make laws.
The Bench, also comprising Justices A. K. Sikri, A. M. Khanwilkar, D. Y. Chandrachud and Ashok Bhushan, said the Delhi government can have “co-extensive executive powers” on entries of the State and concurrent lists of the Constitution where State Assembly was also empowered to legislate.
Responding to allegations of delay on the part of the L-G, the ASG said: “In the last three years, 96% of files or proposals have been cleared within two to three days of receipt by the L-G”.
Next hearing today
He said that Article 239AA, which deals with powers and status of Delhi under the Constitution, needed to be interpreted literally and it said the L-G has to be on board and in case of difference of opinion, the issue would be referred to the President for the final decision. The hearing will resume on Thursday.
