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Delhi-Centre turf spat: Arguments and counter-arguments

November 27, 2017 01:02 pm | Updated December 01, 2021 06:51 am IST

Newly sworn in Lieutenant Governor of Delhi Anil Baijal being congratulated by Chief Minister Arvind Kejriwal at Raj Niwas, in New Delhi. File Photo: V. Sudershan

Newly sworn in Lieutenant Governor of Delhi Anil Baijal being congratulated by Chief Minister Arvind Kejriwal at Raj Niwas, in New Delhi. File Photo: V. Sudershan

A five-judge Constitution Bench led by Chief Justice of India Dipak Misra on November 2 commenced hearing a series of appeals filed by the Delhi government for laying down the law on whether the Lieutenant-Governor (L-G) can unilaterally administer the Capital without being bound by the “aid and advice” of the elected government.

The Delhi government had approached the Delhi High Court claiming the frequent disputes arising between the Arvind Kejriwal government and the Lieutenant-Governor (earlier Najeeb Jung and now Anil Baijal) was "a classic case of federal dispute." But the High Court struck it down and upheld the L-G’s power over the police, land, public order as well as “services.”

The Kejriwal government wants the Supreme Court to lay down the law on whether the L-G can unilaterally administer the National Capital without being bound by the “aid and advice” of the elected government.

The Union government, however, argues the Delhi government is at best meant to take care of the “daily utilities” of the National Capital and the "real power to administrate the National Capital" is vested with the President and the Union of India.

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