Kejriwal Vs LG: SC gives more power to AAP govt, limits LG Anil Baijal's role

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".

Delhi LG Anil Baijal and Delhi CM Arvind Kejriwal. Photo: PTI

New Delhi: The Lieutenant Governor (LG) should not act in a mechanical manner and stall decisions of council of ministers, the Supreme Court ruled in favour of  of the Aam Aadmi Party led-Delhi government on Wednesday.  The apex court said LG has not been entrusted with independent powers. "LG must work harmoniously with council of ministers and attempt should be made to settle difference of opinion with discussions,"it said. The court said LG can refer issues on difference of opinion to President only in exceptional matters and not as general rule.

A big victory for the people of Delhi...a big victory for democracy...

— Arvind Kejriwal (@ArvindKejriwal) July 4, 2018

The Supreme Court rulings gave more power to the elected government in Delhi and limited the role of LG. 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. It said all decisions of the Council of Ministers must be communicated to the LG but that does not mean his concurrence is required. "There is no room for absolutism and there is no room for anarchism also," the court ruled. The decision is a major victory for Chief Minister Arvind Kejriwal's AAP government which has been in a constant tug of war with LG Anil Baijal over the power wielded by the two branches of the executive. The Supreme Court said that except for three issues, including land and law and order, Delhi government has the power to legislate and govern on other issues. It was ruling on a batch of appeals filed by Kejriwal's government challenging the Delhi High Court's order holding the LG as the administrative head of the national capital. Virtually disagreeing with the High Court order, the Supreme Court said the LG should not act in a mechanical manner and stall the decisions of the Council of Ministers. It said the LG has not been entrusted with independent powers and he can refer issues on difference of opinion to the president only in exceptional matters and not as a general rule. The LG needs to work harmoniously with the Council of Ministers and an attempt should be made to settle the difference of opinion with discussions, the apex court said. "We welcome the decision of the Supreme Court. It said except for three issues, including law and order, Delhi govt has power to legislate and govern on other subjects,"said Delhi Deputy CM Manish Sisodia. Kejriwal had called a meeting of all Cabinet Ministers at 4 pm at his residence "to discuss critical projects of public importance which were blocked so far." Former Delhi CM and Congress leader Sheila Dikshit said the court has reiterated whatever is written. "This is no one's victory no one's victory or loss. KEY TAKEAWAYS: 

• A big victory for the people of Delhi...a big victory for democracy..., tweets Delhi CM Arvind Kejriwal
• In a separate judgement, J Chandrachud says that the court will adopt the principle to protect the democratic values.
• A major victory for Delhi government as CJI says concurrence of Delhi's LG is not necessary for all matters.
• The Lt. Governor is bound by aid and advice of Council of Ministers, subject to the proviso to Article 239 AA to refer matter to President. He cannot act independently and has to act as per aid and advice of Council of Ministers.
• In a majority of three judges-CJI Dipak Misra, A K Sikri and A M Khanwilkar, the SC verdict says LG can’t interfere with every decision of the elected government
• SC says that the LG should take the advice of Delhi cabinet.
• LG is the administrator of Delhi says SC. If the Cabinet's opinion is not approved, send the case to the President.
• All decisions must be in line with constitutional spirit. The Constitutional trust of utmost importance
• Judge says power cannot be centred at one place.
• The judge reaches the courtroom and starts reading the judgement.
• Before the verdict, AAP's Saurabh Bharadwaj took on Twitter and said that for the Kejriwal Govt, LG is free to make decisions and he has been rejecting all of their important decisions. While Sheila Dixit government was aid & advice of elected govt was binding on LG. LG was not free to reject schemes.

3-Under Sheila Dixit Govt, Aid & Advice of Elected Govt was binding on LG. LG was not free to reject schemes For Kejriwal Govt, LG is free to take decisions, has been rejecting all important decisions of Govt.CCTV, Door step delivery of Ration, Muholla clinics rejected or delayed pic.twitter.com/OozXCLOjXo

— Saurabh Bharadwaj (@Saurabh_MLAgk) July 4, 2018

• The Delhi High Court has previously announced that Lieutenant Governor is the boss of Delhi and against this decision, CM Arvind Kejriwal had approached the Supreme Court.
• Supreme Court constitution bench to pronounce the verdict on Centre-Delhi power tussle at around 10: 30 am.

(With additional information from Agencies)