Those against note ban must move constitution bench

Randolph Lopez
November 5, 2017

The Supreme Court on Thursday orally observed that the lieutenant-governor of Delhi has overriding powers under Article 239AA of the Constitution and that the Delhi government could not claim absolute executive powers in the administration of the Union Territory.

He said the challenge is to Article 239 AA by virtue of which special status is accorded to Delhi.

The bench also asked the petitioners to file interlocutory pleas in the pending petition to be dealt with by the constitution bench. "It was not a structural addition to the Constitution and has been founded on constitutional values of accountability, transparency and amenity to the rule of law, which need to be considered in this case", he said.

Justice Chandrachud said the L-G had to clear files within a reasonable period of time and if there is a delay, specify the reasons on file.

The apex court, however, had said that it is correct that the elected government should have some powers but whether it will be as per the Delhi High Court verdict or as it is being perceived by the Delhi government needed to be looked into.

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The bench noted that Constitution has limited Delhi government's powers and it can not have a say on public order, police and land.

Delhi has a unique position under the Indian Constitution, with its own state assembly and an administrator in the form of an L-G.

The Delhi high court on 4 August, 2016 upheld the powers of the L-G in matters of public order, land, police and services, including the power to appoint civil servants. On the flip side, given the Constitutional scheme of things, ego if any must be put aside and the Government must work through the Lieutenant-Governor who does prima facie have primacy of power if that is what providing good governance to the residents of the Capital requires.

Subramanium cited the instances of Lt. Governor holding meeting with the officials without the presence of Ministers concerned and issuing instructions. The arguments of the Aam Aadmi government was inconclusive today and would continue on Tuesday.

Other reports by GlobalViralNews

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