The Lieutenant-Governor cannot use his discretion in each and every matter, the Delhi government argued on Wednesday on the first day of hearing in its individual appeals relating to the scope of its powers in various administrative and governance issues.
Appearing before a Bench of Justices A.K. Sikri and Ashok Bhushan, senior advocate Kapil Sibal argued that the L-G has no independent power to take decisions.
“He cannot take decisions in his individual capacity, but the government is acting through him,” Mr. Sibal submitted.
This two-judge Bench would decide issues regarding various notifications issued by the Delhi government in exercise of its administrative and legislative powers. Wednesday was the first day of arguments after a Constitution Bench led by Chief Justice Dipak Misra, on July 4, laid down the broad parameters of association between the L-G and the elected government in the Capital.
For final decision
The Supreme Court had held that the L-G is bound by the “aid and advice” of the Delhi government, and in case of a difference of opinion, the L-G should straightaway refer the dispute to the President for a final decision without sitting over the dispute or stultifying the governance in the national Capital.
The Constitution Bench had concluded that the governance of Delhi cannot rest upon the whims of one functionary — the L-G.
The July 4 judgment had cautioned the L-G against sending every “trivial” dispute with the NCT government to the President.
A power struggle had ensued between the Centre and the Delhi government since the Aam Aadmi Party came to power in 2014.
The Constitution Bench judgment came on appeals filed by the NCT government against an August 4, 2016, judgment of the Delhi High Court which had declared that the L-G has “complete control of all matters regarding National Capital Territory of Delhi, and nothing will happen without the concurrence of the L-G”.
Published - August 30, 2018 01:49 am IST
