SC judge begins to pronounce verdict on Centre-Delhi power tussle: L-G is administrator

The Supreme Court will announce in its verdict on Wednesday on who is the administrative power of Delhi. This shall bring the prolonged tussle between the state government and the Centre to rest. The apex court will today pronounce a crucial verdict 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 verdict shall be announced at 10:30 am today as the national capital continues to witness the constant scuffle between the Chief Minister and the Lieutenant Governor of Delhi.

A five-judge constitution bench of the apex court will pronounce the verdict on the Centre-Delhi melee, the hearing for which 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.

It is expected that after today's verdict, the roles and powers of the state government and those of the LG will be defined distinctly.

What is the matter all about

• In August 2016, Delhi High Court had ruled that the decisions in Delhi can be taken only after being approved by the Lieutenant Governor, who functions as the Centre’s representative in the Union Territory.
• Delhi government under Aam Admi party had then approached the Supreme Court challenging the high court’s verdict.

AAP's argument

• The AAP government had argued before the apex court bench that it possessed both the legislative and executive powers.
• AAP dispensation had said that the chief minister and the council of ministers had the legislative power to make laws as well as the executive authority to enforce the enacted statutes.
• The AAP government had argued that the LG has been taking many executive decisions and a "harmonious interpretation" of Article 239AA of the Constitution was needed to fulfil the constitutional mandate for a democratically-elected Delhi government. The article deals with power and status of Delhi.

Centre's take

• The Centre had contended before the bench that Delhi government cannot have the "exclusive" executive powers as it would be against national interests and referred to the 1989 Balakrishnan committee report that had dealt with the reasons for not granting status of a state to Delhi.
• It had also argued that several "illegal" notifications were issued by the Delhi government and they were challenged in the high court.
• The Centre had referred to the Constitution, the 1991 Government of National Capital Territory of Delhi Act and the Transaction of Business of the Government of National Capital Territory of Delhi Rules to drive home the point that the President, the union government and the LG had supremacy over city dispensation in administering the national capital.

AAP's counter

• On the other hand, the Delhi government had accused the LG of making a "mockery of democracy", saying he was either taking decisions of an elected government or substituting them without having any power.