New Delhi
In a landmark verdict on the power tussle between the Delhi government and the Centre, the Supreme Court on Wednesday held that Lieutenant Governor Anil Baijal does not have independent decision making powers, and is bound to act on the aid and advice of the Council of Ministers.
The judgement pronounced in the court by Chief Justice Dipak Misra, who was heading a five judge Constitution bench, also held that the LG cannot act as an “obstructionist”.
Two other judges, Justices A K Sikri and A M Khanwilkar, concurred with the verdict.
The SC said: “All decisions of council of ministers must be communicated to the L-G, but that doesn’t mean concurrence of the L-G is required.”
The decision is a major victory for Chief Minister Arvind Kejriwal’s AAP government, which has been in a constant tug of war with the LG over the power wielded by the two branches of the executive.
The SC said the L-G can refer issues on difference of opinion to President only in exceptional matters and not as general rule.
“The L-G must work harmoniously with the council of ministers and attempt should be made to settle difference of opinion with discussions,” said the SC.
Justice D Y Chandrachud, in his separate but concurrent verdict, said that the L-G must realise that council of ministers were answerable to people.
The SC said except for three issues, including law and order, the Delhi government has the power to legislate and govern on other subjects.
