The LG is not superior to the elected chief minister, the top court added

Date :04/07/2018

In a massive win for Arvind Kejriwal, the Supreme Court today decided that his government is the final authority in Delhi, with five judges consistently concurring that "real power lies with the elected government of Delhi" 

 
"The cabinet must convey all decisions to the Lieutenant Governor but his concurrence is not required in all matters," the court stated, making it obvious that the Lt Governor isn't the boss.
 
"The Lt Governor is an administrator in a limited sense and is not the Governor. He is bound by the advice of cabinet advice in matters other than those exempted," the court said.
 
The Supreme Court today said that the chosen government is the boss of Delhi and warned that the Lieutenant Governor can't work as "an obstructionist"; it said "there is no room for absolutism and there is no room for anarchism also."
 
A range of reactions to the verdict followed. Here are some of them:
 
Arvind Kejriwal, Delhi's Aam Aadmi Party (AAP) chief minister:"A big victory for the people of Delhi...a big victory for democracy."
 
Manish Sisodia, Delhi deputy chief minister: "On behalf of people of Delhi I thank the hon'ble Supreme Court wholeheartedly. The people's chosen government can now take decisions for the people of Delhi."
 
Sheila Dixit, former Congress chief minister of Delhi: "I think what the SC has said is very clear. As per Article 239 (AA) of the Constitution, Delhi is not a state, it is a UT (Union Territory). If the Delhi government and the lieutenant governor (LG) don't work together then Delhi will face problems. The Congress ruled Delhi for 15 years, no conflict took place then."
 
Soli Sorabjee, former attorney general of India: "It's a good verdict by Supreme Court. LG and Delhi government have to work harmoniously, can't always have confrontation. Daily squabbles are not good for democracy. I welcome the decision."
 
 
Mr Kejriwal, who was chosen Chief Minister of Delhi in 2015, had gone to court, contending that his organization was more than once criticized upon by the Lieutenant Governor, who acts as the delegate of the centre in Delhi.
 
 
The Supreme Court today administered its decision on the consistent power battle between the Arvind Kejriwal-drove Aam Aadmi Party government and the Center,represented by Lieutenant Governor Anil Baijal, in Delhi. Chief Minister Kejriwal's government had a year ago appealed to the top court,questioning the overriding powers of the Lt Governor of Delhi under Article 239 AA of the Constitution.
 
 
Kejriwal government had challenged the August 4, 2016 judgment of the Delhi High Court that proclaimed the L-G as the 'administrative head" and decided that he isn't bound by the the aid and advice of the council of ministers.
 
A five judge Constitution seat headed by the Chief Justice Dipak Misra had held decision on December 6, 2017 on the petitions, which claimed that the Lt Governor couldn't claim supreme official powers in the administration of the Union Territory.
 
The  Judgment was reserved on December 6, 2017.
 
Delhi government was represented by a world of senior promoters including Gopal Subramanium, Rajeev Dhawan, P Chidambaram and Indira Jaising. 
 
The Center was represented by Additional Solicitor General Maninder Singh, who had contended that the Delhi government can't assert some authority to have official control over the delicate National Capital.
 
Amid the hearing which continued for a month, the seat had over and again observed that lone an "agreeable" connection between the Lt Governor (L-G) and the Delhi government and a "participative approach" can guarantee smooth administration of the national Capital.
 
 
Mr Kejriwal, whose Aam Aadmi Party was formed only six years prior, won everything except three seats in Delhi in the last elections it contested in the capital. His rash of run-ins with the centre host solidified his party's interest for transforming Delhi into a state rather than its one of a kind status as the national capital where three key areas - lawfulness, land and police - are represented by the middle rather than by its own government. 
 
Mr Kejriwal has confronted two Lieutenant Governors so far - Najeeb Jung and now Anil Baijal.
 
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