No Punishment For Holders of Demonetised Notes, Centre Tells Supreme Court

04 November, 2017, 00:22 | Author: Ora Austin
  • Constitution Has Limited Delhi Govt’s Powers LG Must Give Reasons For Decisions Says Justice D.Y. Chandrachud

However, the court observed that under the provisions of the constitution, the Lieutenant Governor has the last word and the elected government would have to operate within this framework.

The Arvind Kejriwal-led Delhi government has roped in senior Congress leader P Chidambaram to fight its case in the Supreme Court against the high court verdict, which had held that the national capital is not a state and the Lieutenant Governor is its administrative head.

Summary: "Public order in Delhi, police or land can not be subject of executive power of government of Delhi", pointed out Justice Chandrachud.

The batch of seven special leave petitions filed by the Delhi government has challenged the Delhi High Court's August 4 judgment which upheld the L-G's power not only over the police, land and public order but also in "services".

The five judge constitution bench comprising Chief Justice Dipak Misra, Justice A.K. Sikri, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Ashok Bhushan said this while in its preliminary observation said that the entire scheme of the democratic governance of Delhi was tilted in favour of Lt. Governor.

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Subramanium stressed said the court must "interpret the text and values behind the provisions of Article 239AA of the Constitution" and the objective it serves. "The L-G feels he has inherent power to veto".

Besides the Centre, Indian Radiological and Imaging Association, the association of radiologists in the country, had moved the apex court challenging the High Court's decision on the issue.

Delhi was given an assembly and an elected government through Article 239 (AA) incorporated in the Constitution by the 69th amendment in 1991.

"More than 1.14 lakh vacancies are there, but I can not fill it up and have to seek LG's permission". The L-G must exercise his functions with the aid and advice of the council of ministers, which has a collective responsibility and accountability to the people.

To this, the bench said there are three things - executive action, difference of opinion and validity of such opinion, which needs to be deliberated.

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