Govt Of NCT Vs UOI- ‘From 1992, Only 7 Cases of Difference of Opinion; LG Cleared All 18000 Files:SG Tushar Mehta Submits Before Supreme Court

The Supreme Court on Wednesday resumed hearing on the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of Delhi.The five-judge bench of Chief Justices D. Y. Chandrachud, M. R. Shah, Krishna Murari, Hima Kohli and P. S. Narasimha heard Senior Advocate Dr. Abhishek Manu Singhvi, for the government of NCT of Delhi, and SG Tushar Mehta for the CentreSG: "What we are dealing with is a matter of perception and not a matter of constitutional law. The perception which is created not only inside the court but also passed outside, that we have no power because LG is supreme, the LG does everything, we are only symbolic, we can do nothing without the permission or sanction of the LG, the officers owe allegiance elsewhere. Your lordships are dealing with a mechanism, a structure which came into existence in 1992. After 1992, several governments came in the centre and several governments came in the state. There were several occasions where the 2 governments were belonging to different political ideologies. The law, which is in place and which is not told to your lordships, ensures that everything goes on without any friction, unlike the popular perception built that only LG has the power and elected body is meaningless. It is the elected body which is in the driver's seat"Justice Chandrachud: "if you say the elected body is in the driving seat, what are the powers which the elected body has?"SG: "From 1992 till date, only seven matters are referred (to the President) by the LG registering a difference of opinion (between the LG and the Delhi government)"Justice Shah: "You want to say that except the seven which are referred, there is no difference?"SG: "No. And after the Constitution bench order in 2018 till date, only 18,000 files came to LG as per law laid down and all files are cleared. Let us see the perception which is being built. How the Delhi government functions as an administrative unit, as a unit of governance- Is it correct that it is the LG who runs the government or is it the elected body as has been happening from 92 onwards?"Justice Shah: "Who creates the posts? That was the first question of the chief justice"SG: "All posts are created by the central government. But I will demolish all castles in the air. LG is the representative of the President. He is a constitutional functionary, not just an officer. My learned friend tried to compare him with the governor. He is not equivalent to the governor. If your lordships see 239AA(7) (which says that the Parliament may, by law, make provisions for giving effect to, or supplementing the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto)- In exercise of this power, the Parliament has made government of national capital territory of Delhi Act. See section 44. This is how constitutionally Delhi as a unit of governance is to be governed. Each and every word under 239AA is chosen with a purpose, built on a historical background"SG: "44 says that the president shall make rules for allocation of business to the ministers in so far as it is business in relation to which the LG is required to act on the aid and advice of his council of ministers, and for more convenient transaction of business of the ministers including the procedure to be adopted in case of a difference of opinion between Lieutenant Governor and the council of ministers or a Minister. It further says that save as otherwise provided under this Act, all executive action of the Lieutenant Governor whether taken on the advice of his ministers or otherwise shall be expressed to have been taken in the name of the Lieutenant Governor. In exercise of this power, the President of India has framed Transaction of Business Rules. How the Delhi administration as a unit of governance functions- The powers are with the ministries, the ministers, the council of ministers. This is to satisfy your lordships' conscience that everything is done by LG and ministers are sitting and whiling away time and doing nothing"The SG then took the bench through the rulesSG: "The test is annual confidential reports. For all secretaries that are heading every department, the person who writes the ACR, the reviewing authority, is the hon'ble chief minister. I have the last three years' ACRs of all officers heading departments....They can always approach LG to transfer 1 person from here to there and the LG always does. There is no difficulty....We are the cadre controlling authority, we can departmentally proceed against an officer. But we have not received a single complaint that an officer is not implementing the policy. This is the castle which is built in the air. We are not dealing with the real issue, we are dealing with the perception created. Nothing can be a better proof than saying that only and only seven cases right from 92 till date, where the LG has differed with the decision of ...

Govt Of NCT Vs UOI- ‘From 1992, Only 7 Cases of Difference of Opinion; LG Cleared All 18000 Files:SG Tushar Mehta Submits Before Supreme Court

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