Delhi L-G vs Arvind Kejriwal Verdict: Victory For AAP, Supreme Court Says Lieutenant Governor Bound to Act on Ministers' Advice
The AAP challenged the Delhi High Court's ruling, which stated that Delhi is a Union Territory and the Lieutenant Governor, its administrative head.
New Delhi, July 4: In a major victory for Aam Aadmi Party (AAP), the Supreme Court on Wednesday ruled that the Lieutenant Governor (L-G) cannot act independently and he is bound by aid and advice of the council of ministers. Following the judgment, Chief Minister Arvind Kejriwal tweeted, "A big victory for the people of Delhi...a big victory for democracy."
"Lt. Governor is bound by aid and advice of Council of Ministers, subject to the proviso to Article 239 AA to refer matter to President. He cannot act independently and has to act as per aid and advice of Council of Ministers," said the bench, comprising Chief Justice Dipak Misra and justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan.
Reading out the judgment, CJI Misra said that legitimate decisions taken by state government cannot be delayed by L-G. He also said the L-G is bound by aid and advise of the ministers. "L-G can't be an obstructionist," Justice Misra said. However, the CJI also ruled that Delhi can not have powers of a full state.
"L-G must bear in mind that it is not he but Council of Ministers who takes substantive decisions. Lt Governor cannot refer all matters to the President," the apex court said in its verdict.
Chief Justice Dipak Misra's Judgment:
- The Union and States must embrace a collaborative federal architecture
- Status of Delhi is sui generis, a class apart. Lt. Governor is not in the same class as a Governor of the State.
- Lt. Governor is bound by aid and advice of Council of Ministers, subject to the proviso to Article 239 AA to refer matter to President. He cannot act independently and has to act as per aid and advice of Council of Ministers.
Justice Chandrachud’s judgment
- Constitutional interpretation must be based on Constitutional morality.
- In democratic governance, real power and substantive accountability is vested in elected representatives.
- Lt. Governor must bear in mind that it is not he but Council of Ministers who takes substantive decisions.
Justice Bhushan’s Judgment
- Lt. Governor bound by aid and advice of Council of Ministers except as provided in proviso to Article 239AA (4).
- The power of Lt. Governor under Proviso to Article 239AA to be exercised in matters of Constitutional relevance.
The AAP challenged the Delhi High Court's ruling, which stated that Delhi is a Union Territory and the Lieutenant Governor, its administrative head. Since the formation of AAP government in Delhi, Chief Minister Arvind Kejriwal has been at loggerheads with Lieutenant Governors.
In November last year, the apex court observed that the AAP government in Delhi needs the Lieutenant Governor's nod to govern the national capital, but the L-G cannot sit on files beyond a reasonable period.
Refuting the allegations that the L-G sits on files sent by the government for their execution, the Centre had told the apex court that the AAP cannot claim privileges of a state government, as Delhi is a Union Territory.
(The above story first appeared on LatestLY on Jul 04, 2018 11:03 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).