"They are admitting Delhi is not a state but claim power and privileges of a state. How is it possible? If it is not a state then it cannot claim privileges of a state. It can never become a state and its government cannot be said to be a state government. There is no exclusive executive power given to them," ASG Maninder Singh while referring to Delhi government's submission in which it did not press for statehood for Delhi.
The elected Delhi government has law making powers pertaining to all issues other than police, public order and land but has to work in consultation with the Lt Governor, there has to be harmony the Supreme Court has said.
“Your argument prima-facie do not sound logical when you say that the state does not have any executive and that the aid and advice of the government is not binding on the LG. The issue is an elected government has some executive powers in respect of which they can make laws but they have to work in accordance with in consultation with the LG as per the conduct of business rules”, Chief Justice Dipak Misra, heading a five judge constitution bench said yesterday.
“Can the LG assume all the powers himself?? prima facie we feel LG cannot issue any orders on his own”, the CJI told Additional Solicitor General Maninder Singh, appearing for the Centre.
CJI’s remark came when the ASG said aid and advice of council of ministers of Delhi was not binding on the Lieutenant Governor (LG).
The Arvind Kejriwal-led Delhi government has almost completed its arguments before the Supreme Court Constitution bench matter wherein it, through a batch of petitions, has challenged the August 4, 2016 judgment of the Delhi High Court that declared the Lt Governor as the "administrative head" and ruled that he is not bound by the aid and advice of the council of ministers, and enjoyed discretion in this regard.
The bench of Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan is deciding who enjoys the supremacy in governing the national capital- The LG or the Delhi Government ? The hearing had begun on November 2.
The Delhi government, harping on Article 239 AA which gave it special powers, is essentially seeking a judicial declaration on the boundaries of the constitutional relationship between the Delhi government and the Centre, in administering the national Capital.
MAIN POINTS ARGUED BY CENTRE