DELHI Govt VS Lieutenant governor-Supreme Court Judgement Today- LIVE UPDATES

CJI DY Chandrachud : If a democratically elected government is not given the power to control the officers, the principle of triple chain of accountability will be redundant.

CJI : In a democratic form of govt, real power of administration must rest on the elected arm of the government.

CJI : The executive power of union in a state over matters on which both union and states can legislate is limited to ensure that governance of state is not taken over by the union. This would completely abrogate the federal system of governance and the principle of representative democracy

CJI DY Chandrachud : Executive power of NCTD extends to all entries on which it has power to legislate.

CJI DY Chandrachud : It has to be ensured that governance of states is not taken over by the union.

CJI : While NCTD is a UT, it remains a federal entity.

CJI DY Chandrachud : While NCTD is not a full fledged state, yet it is empowered to legislate under list 2 and 3.

Article 239AA created a federal govt and this is a asymmetric federal model

CJI DY Chandrachud : The principle of democracy and federalism form a part of basic structure. Federalism ensures survival of diverse interests and accommodate diverse needs.

CJI DY Chandrachud : Delhi assembly is given powers to legislate to represent the will of the people.

CJI DY Chandrachud : The phrase "in so far as" in Article 239AA cannot be interpreted in a restrictive manner. Article 239AA establishes legislative assembly of NCTD. It is selected by electorate of Delhi