Supreme Court Constitution bench begins hearing on Delhi-Centre governance row

Katrina Barker
November 5, 2017

Justice Chandrachud said the L-G had to clear files within a reasonable period of time and if there is a delay, specify the reasons on file. AAP had alleged that the ministers had to bow down to the administrative officers in order to get themselves heard.

The five judge constitution bench comprising Chief Justice Dipak Misra, Justice A.K. Sikri, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Ashok Bhushan said this while in its preliminary observation said that the entire scheme of the democratic governance of Delhi was tilted in favour of Lt. Governor.

The apex court, however, had said that it is correct that the elected government should have some powers but whether it will be as per the Delhi High Court verdict or as it is being perceived by the Delhi government needed to be looked into. Mr Subramanium argued that a harmonious interpretation of Article 239AA was needed to fulfil constitutional mandate for a democratic elected government in Delhi.

The bench also pointed to the financial relationship between the Central government and the Union Territory of Delhi that was distinct from the relationship that it has with other states, saying that Centre has more involvement in the financial affairs of Delhi. Justice Chandrachud ruled that the LG can not sit on files for long and has to pass it forth to the President of India in case of a difference of opinion.

The Constitution has given a face and identity to a government in Delhi after inclusion of Article 239AA and the executive decisions taken and implemented by it can not be reversed by the LG, it had contended.

Suggesting that the LG and the government will have to work together in synergy for the welfare of the public.

As for the contention that the L-G was exceeding his powers, the court told the AAP government to spell out the specifics to enable the court to assess its points.

Other reports by AllAboutTopnews

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