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Delhi's Lieutenant Governor (L-G) could have differences with Delhi government over policy but cannot stall day-to-day decision-making, the Supreme Court said in light of the Kejriwal government's consistent complaints about the LG's alleged interference in administration. Arvind Kejriwal has asserted that regardless of being in control, the Delhi government has been rendered “powerless” due to constant interference by the Central government.
The bench of Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan is hearing a batch of petitions filed by Delhi Government against the Delhi High Court judgment of August last year which pronounced the Lt. Governor as the “administrative head” of Delhi and ruled that he is not bound by the aid and advice of the Council of Ministers.
On the 2nd day of the proceedings to interpret Article 239AA that gave special powers to Delhi, the Supreme Court orally observed that it envisages harmonious functioning between the Lt. Governor and the State Cabinet and the spirit should be “participatory”. Significantly Chief Justice Dipak Misra also added that there is also no scope for the Governor to interfere in day to day functioning of the government.
The third day of hearing on the Delhi-Centre turf war before the Constitution bench of the Supreme Court began with the senior counsel, Gopal Subramanium, continuing to reiterate his view that the proviso to sub-clause (4) of Article 239AA of the Constitution, dealing with special provisions with respect to Delhi, cannot override the main provision.
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