Supreme Court to Delhi LG: Don't play decision-maker or obstructionist

Delhi Anil Baijal and Delhi chief minister Arvind Kejriwal

The Delhi unit chief of the saffron party, Manoj Tiwari, took a jibe at Arvind Kejriwal and said he can no longer rule in anarchy.

The verdict on the Delhi-Centre power struggle over supremacy in administration and governance over the national capital was pronounced after it was reserved in December 2017 by a five-judge constitution bench of the Supreme Court comprising Chief Justice of India Dipak Misra, Justices A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud and Ashok Bhushan.

The SC judgment, while handing avictory to the AAP government, made it clear that Delhi can not be accorded the status of a state under the constitutional scheme.

The apex court had further indicated at the time that, according to the Constitution, the final nod lay with the L-G's office while the elected state governments would have to operate within the framework laid out.

#11:20 AM: A big victory for democracy: Reacting to the Supreme Court's judgment, Delhi Chief Minister Arvind Kejriwal said that it was "a big victory for the people of Delhi.a big victory for democracy".

"We welcome the decision of the Supreme Court and sincerely hope that better sense will prevail on both sides and the task of governance and delivery of services to people of Delhi will begin in right earnest", said Surjewala.

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The Constitution bench of the Supreme Court of India has given a shot in the arm for democracy, for clarity on the role and responsibility of the lieutenant governor of the National Capital Territory (NCT) of Delhi and to the Aam Admi Party government of Delhi in its perpetual confrontation with the Centre.

The notification left matters pertaining to "services" and the transfer and posting of bureaucrats to be settled by the L-G, allowing him discretionary power to seek the opinion of the Chief Minister as and when the former deemed it fit. Why should LG act beyond three reserved powers.

The Supreme Court added that the LG and the Delhi government have to work harmoniously. L-Gs enjoy some executive powers, that the Governor doesn't. "Constitutional trust must be displayed by all constitutional functionaries", said chief justice Dipak Misra while reading out the verdict.

He said the party is excited with the prospect that "honest and pro-people" can now be practiced, but reamined circumspect that the BJP-led Centre may devise other means to interfere. The high court had emphasized the administrative capacity of the L-G, while ruling that Delhi continues to be a union territory despite Article 239 AA of the Constitution which makes some special provisions with respect to Delhi.

BJP Rajya Sabha MP Subramanian Swamy: "Yes what SC said is correct that LG must respect Delhi cabinet decisions, but if any anti national security or anti-constitutional decision is taken, which they are capable of taking, as they are Naxalite type people, then LG can oppose". "On point of full statehood, the bench said, "full statehood of Delhi is not possible", however, 'real power lies with the state government".

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