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Centre VS Arvind Kejriwal: Delhi Government Can't Act without Lt Governor's Nod, Says Supreme Court

Team SoOLEGAL 2 Nov 2017 6:12pm

Centre VS Arvind Kejriwal: Delhi Government Can't Act without Lt Governor's Nod, Says Supreme Court

A constitution bench of the Supreme Court of India on Thursday said that the Aam Aadmi Party government in Delhi needs the Lieutenant Governor's nod to govern the national capital but the city's administrative head cannot sit on files beyond a reasonable period. The Constitution has limited the city government's powers and AAP dispensation can't act without L-G's concurrence.  

The top court observed that the Constitutional provisions have to be constructed harmoniously. Difference of opinion is to be referred to President for final decision, the court said.

The Supreme Court on Wednesday had commenced hearing on a batch of pleas filed by the Delhi government against the high court verdict which had held that Delhi is not a state and the LG is its administrative head. Senior advocate Gopal Subramaniam, appearing for the Delhi government, initiated the argument before a five-judge Constitution bench headed by Chief Justice Dipak Misra. Subramaniam told a bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan that their plea challenges the Delhi High Court order of August 4, last year, by which it has said that LG is the administrative head of Delhi, which is also a union territory.

Subramaniam said the challenge is to Article 239 AA by virtue of which special status is accorded to Delhi. The apex court had on February 15 referred to a Constitution Bench the pleas filed by the AAP government against the high court verdict which had held that Delhi is not a state and the LG is its administrative head.



Tagged: Supreme Court   Delhi Government   Arvind Kejriwal   AAP Government  
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