Delhi Govt Vs LG Tussle:What Kejriwal’s Lawyers Argued So Far Before SC Constitution Bench

The Arvind Kejriwal-led Delhi government has almost completed its arguments before the Supreme Court Constitution bench, 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, Justice AK Sikri, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Ashok Bhushan is deciding who enjoys the supremacy in governing the national capital -- the LG or the Delhi Government? The hearing began on November 2.Legal eagles representing the Delhi Government – senior advocates Gopal Subramaniam, P Chidambaram, Indira Jaising and Rajeev Dhavan have finished their arguments. Senior advocate Shekhar Naphade will commence his submissions on Tuesday when the bench will resume hearing. After that, the Centre is expected to begin arguments on behalf of the Lt Governor.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.Live Law brings you a summary of the submissions so far by each senior advocate (The sequence- the order in which they argued) GOPAL SUBRAMANIUM- LG only a titular head who has superseding powers only in matters related to police, public order and land. Cannot summon all files or paralyse governance by delaying decision making.Delhi High Court has erroneously concluded that Lieutenant Governor of Delhi is not bound by the aid and advice of the council of ministers. This is against the basic features of the Constitution. It defeats the basic intent behind the 69th Constitutional amendment.In 1991, the Parliament, through the 69th Amendment incorporated an Article 239AA (Special Provisions with respect to Delhi) into the Constitution.It conferred the right upon the people of the NCT of Delhi to elect their own legislature and government to make laws under certain entries of the state list of the Seventh Schedule of the Constitution and execute these laws, respectively.It stated that the Legislative Assembly of the NCT of Delhi "shall have power to make laws for the whole or any part of the NCT with respect to any of the matters enumerated on the state list, except matters with respect to public order, police and land".Article 239AA underscores the accountability of the executive to the legislature, which is the essence of representative democracy. The accountability can be discharged by the executive only if it enjoys the power to execute the decisions of the legislature.The power to execute the decisions of the legislature should be complete and not subject to the decisions of another authority which is not accountable to the legislature.The laws and the budget passed by the Assembly need to be implemented in full, without any let or hindrance which requires complete powers to be vested in the council of ministers. This is the simple meaning of these key provisions in the Constitution relating to Delhi.The Governor was interfering in day-to-day governance, which caused delay and had almost paralyzed governance.He wants to give his opinion on every file. He wants to demonstrate supervening power. He also thinks he has powers to overrule decisions taken by the government without reference to President. Even the high court upheld the power and that is what actually hurt us.Every file is being summoned. Direction is given to override final decision of the government. That is not permissible.He cannot interfere with day-to-day governance. Summoning every file to take a decision - this is a serious issue. He is a titular head.The Proviso to Clause (4) of Arcile 239 AA says that in case of difference of opinion between the Lt. Governor and his ministers on any matter, the Lt. Governor shall refer it to the President whose decision shall be final. The crucial words are “on any matter”.The Proviso follows the provision which vests in the executive power to aid and advice the Lt. Governor in the exercise of his functions in respect of all matters within the legislative jurisdiction of the Assembly. In our constitutional democracy, the Governor of a state can act only on the aid and advice of the council of ministers, except in matters which fall within his discretionary jurisdiction. It simply means that final decision making is vested in the council of ministers. Since the same phraseology is used in clause 4, it would carry the same meaning.Thus, the final decision-making power in respect of all matters in the State List and the Concurrent List in the NCT, except police, public order and land, is vested in the council of ministers.If these words are interpreted to mean all matters within the jurisdiction of the council of ministers, then the Lt....

Delhi Govt Vs LG Tussle:What Kejriwal’s Lawyers Argued So Far Before SC Constitution Bench

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