The Centre argued on Thursday that it is an elected government at the Centre and there is nothing undemocratic about the Union Government and the President, through the Lieutenant-Governor, exercising complete executive power over the National Capital.
Arguing before a Constitution Bench led by Chief Justice of India Dipak Misra, Additional Solicitor General Maninder Singh said even “the complete control on finances is exercised by the Lieutenant-Governor”.
Earlier judgments
This marked the third day of arguments from the Centre’s side in the power tussle between the Union government and the AAP government in Delhi over the governance of the National Capital.
Referring to the powers vested with the President, Centre and the L-G, Mr. Singh said they were vested with the power to decide what will be the official language of a particular locality in Delhi depending upon the nature of the population living there, and even this decision-making authority was not with the local government.
He said the Delhi High Court, while holding the L-G as the administrative head of the national capital, had followed earlier apex court judgments.
‘No executive power’
Mr. Singh said the Constitution recognises that the Union has so much at stake in the affairs of the National Capital and continuous control has to be maintained in almost every subject of governance and administration. The law officer argued that Constitution provides “no executive, exclusive power” to the Delhi government.
Mr. Singh argued that Delhi government cannot say “I am not a State but give me the privileges of a State”.
‘Not a State’
As an example that Delhi is not a State but a Union Territory under the control of the President and the Centre, Mr. Singh referred to Article 3 of the Constitution.
The Article mandates that in the formation of new States and alteration of areas, boundaries or names of existing States, a referendum has to be made to the State legislature concerned. However, in the case of a Union Territory, no such referendum is made.
