Centre-Delhi power tussle: Verdict is as per constitution, says Somnath Bharti

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.

The Supreme Court rulings gave more power to the elected government in Delhi and limited the role of LG.

This shall bring the prolonged tussle between the state government and the Centre to rest on a batch of appeals filed by the Arvind Kejriwal-led Delhi government challenging the Delhi High Court's order holding the Lieutenant Governor (LG) as the administrative head of the national capital.

The hearing for had commenced on November 2 last year and had continued till December 6. The bench headed by Chief Justice Dipak Misra had then reserved its verdict on the last day of the hearing.

The decision is of high importance at a time as it is expected that Supreme Court's verdict will distinctively define the roles and powers of the state government and those of the LG.

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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.