The Supreme Court on Wednesday may hardly give the quietus to the power tussle in Delhi.
The court urged the Lieutenant-Governor against sending “trivial” differences of opinion with the NCT government to the President for a final decision.
However, the three separate opinions of the Supreme Court remain entirely ambiguous over what is “trivial”.
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Article 239AA (4) mandates that the L-G is bound by the aid and advice of the Delhi government’s Council of Ministers in relation to matters in which the Assembly can make laws. However, in case of any difference of opinion between the two, the proviso to clause (4) allows the L-G to refer the dispute to the President. The court interpreted that the phrase “any matter” used in the proviso does not mean “every matter” of governance.
The court has not specified what issues can be referred to the President.
Justice D.Y. Chandrachud, in his separate opinion, vaguely attempts to explain that “substantial issues of finance and policy, which impact upon the status of the national capital or implicate vital interests of the Union” can be sent. But he does not provide an exhaustive list of what amounts to “trivial” issues or what are “substantive” ones worthy of sending to the President.
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Justice Chandrachud said preparing such an exhaustive list would be impossible considering the “complexities of administration”.
Justice Ashok Bhushan also leaves the question open-ended, saying that only difference of opinion on issues of national interest should be referred to the President.
CJI’s opinion
Chief Justice Dipak Misra, in the lead opinion shared with Justices A.K. Sikri and A.M. Khanwilkar, hopes that the Lieutenant-Governor would work harmoniously with the elected government and “keep in mind the standards of constitutional trust and morality” when expressing differences and sending disputes to the President.