New Delhi: 04 July :- In the matter of Chief Minister Arvind Kejriwal, with the Lieutenant Governor of Delhi Anil Baijal, in the matter of the tug of war, you have a very successful success in the Supreme Court today. The Constitution Bench of the Court gave the order that the Lt. Governor has no independent right to take decisions and he is obliged to work with the advice of the elected government. A five-member Constitution Bench headed by Chief Justice Deepak Mishra said in the decision of consensus, “There is no place for despotism and chaos.
The bench said that the Lieutenant Governor, whose appointment center can not work as ‘obstructive’. The Constitution Bench said in three separate but agreed decisions that the Lieutenant Governor has no right to independently make decisions. Other members of the Constitution Bench included Justice AK Sikri, Justice AM Khanvilkar, Justice Dhananjay Y Chandrachud and Justice Ashok Bhushan. This arrangement justified Kejriwal. The bench has formulated clear guidelines for the first time for the Lieutenant Governor and Delhi, who, despite not getting full state status, chooses its legislators and makes the government, has defined the rights of the two branches of executive.
It is worth mentioning that Kejriwal had been accusing Baazal for a long time that he was not allowing them to work properly at the behest of the Center. The apex court said that except for public order, police and land, the Delhi government has the power to make laws and rule over other subjects. A senior official said that after the arrangement of the apex court, the services will come under the Delhi Government and interfere in the transfer and deployment of political leadership of bureaucrats. Lt Governor Badjal did not immediately comment on this arrangement of the top court. As soon as the court’s decision came, the Aam Aadmi Party supporters and activists started celebrating. They came out on the streets and they distributed sweets. Kejriwal tweeted, “This is a big victory for the people of Delhi.”
Deputy Chief Minister Manish Sisodia said this as a historic decision. Delhi Pradesh Congress chief Ajay Maken said that since the apex court has clarified the status of rights in Delhi, we hope that the development work which was stopped after being out of power of Congress, should resume now. Will go The court said that the information of all the decisions of the Council of Ministers, who are elected representatives of the people of Delhi, should be given to the Lt. Governor, but this does not mean that their consent is needed in it. The top court said, there is no place for despotism and there is no place for chaos.
This decision of the Constitution Bench is a big victory for the government Chief Minister Arvind Kejriwal, who was constantly struggling with the Lieutenant Governor. The apex court said that in addition to the land, and the law and order, the Delhi Government has the right to make laws and rule over other subjects. The Constitution Bench passed this decision on several appeals filed by the Kejriwal government against the Delhi High Court verdict on August 4, 2016. The High Court had said in its decision that the Lieutenant Governor is the administrative head of the National Capital. Expressing disagreement with the High Court verdict, the apex court said that the working of mechanical mechanism should not be obstructed in the Council of Ministers.
The bench said that no independent authority has been given to the Lieutenant Governor and in case of non-consensus, cases can be referred to the President in the case of exception. The Constitution Bench said that the Lt Governor should work with good faith in the Council of Ministers and should try to overcome the differences with discussions. Justice Chandrachud, while agreeing with the other judges, said in his separate judgment that the real power is with the Council of Ministers and the Lt. Governor should take care that it is not the Cabinet Council but to make all the decisions. The judge said that the Lt. Governor should also realize that the Council of Ministers is only accountable to the people.
Justice Bhushan also said in his separate judgment that the consent of the Lt Governor is not necessary in all the normal cases. Taskakshi between the Lt Governor and Kejriwal reached the peak early this year when Chief Secretary Anshu Prakash made it clear that he is accountable to the deputy king due to which there was a conflict in the secretariat and one of your MLA, Prakash Was allegedly slapped After this, the Delhi bureaucrats had a strike and refused to join the ministers’ meetings. Kejriwal too had lynched in the guest lounge for several days.
You government claimed that the Lieutenant Governor is deliberately hindering the work of the elected government by interpreting ‘different’ of the constitution. During the hearing on these appeals before the Constitution Bench, the Aam Aadmi Party government had argued that it has the authority of both the legislative and the executive. He also had to say that the Chief Minister and the Council of Ministers have the legislative power to make any law, while he has the executive powers to implement the laws made. You also had argued that the Lieutenant Governor is taking many administrative decisions and in such a situation, interpretation of article 239 AA of the Constitution is necessary to fulfill the constitutional mandate of a democratically elected government.
On the other hand, the central government had argued that the Delhi government can not have full administrative authority because it will be against national interests. Along with that, he also cited the report of the 1989 Balakrishnan Committee which considered the reasons for not giving full state status to Delhi. The Center tried to state during the hearing that the President, the Central Government and the Lt Governor have got priority in the administrative matters of the National Capital.