Published: Fri, November 03, 2017
Global Media | By Abel Hampton

LG seems to have primacy under Constitution, says Supreme Court

A five-judge Constitution Bench of the Supreme Court on Thursday observed that the Aam Aadmi Party (AAP) government in Delhi needs the Lieutenant Governor's nod to govern the national capital, but the LG can not sit on files beyond a reasonable period.

Pushing for more power for the state government in areas of public order and land, he said, "I am not questioning parliamentary supremacy but an elected government can not be sans power".

As Subramanium sought to blame Lt. Governor for creating hurdles in the functioning of Delhi government, Justice Chandrachud said that every government has to function within the parameters of the constitution and the Article 239AA defines the powers of Delhi government and Union Territory.

The Delhi government argued in court that the elected government must have some sanctity and constitutional provisions have to be interpreted harmoniously.

The argument of the Delhi government to continue on Tuesday.

The Kejriwal government is seeking a judicial declaration on the boundaries of the constitutional relationship between the Delhi government and the Centre, in administering the Capital.

He said that when they came to power in 2013 for 49 days, officers and police were not taking any bribe as the ACB was under the Delhi government, but though the ACB was taken away from the Delhi government when AAP came to power for the second time, "they couldn't take one thing from us - passion".

"I want proviso (4) of Article 239AA to be given a meaning which is consistent with the scheme by which both can co-exist, as was the motive behind the amendment in Constitution", Subramanium said.

He said that proviso (4) in Article 239AA can not be used by the LG to frustrate the constitutional mandate of an elected government in Delhi.

Sensing where the bench was driving at, Subramanium said that the Delhi government too was raising its resources.

"Law is very clear at present that LG partially enjoys delegated powers of President and partially he has to work in aid and advice of council of ministers".

However, the LG can not hold any file for more than a reasonable period of time. The higher the degree of power, the higher the degree of trust, he argued before the Constitution bench.

According to the Newspaper, As a result, the aid and advice of the Council of Ministers is neutralised...

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