LG is Delhi’s administrative head, says High Court

WrittenBy:NL Team
Date:
  • Share this article on whatsapp

In a major embarrassment for Aam Aadmi Party (AAP), the Delhi High Court has ruled that Lieutenant Governor (LG) is the administrative head of the National Capital Territory (NCT) of Delhi. The decision is a setback for the AAP-led Delhi government, which has been at loggerheads with the LG ever since it came to power, accusing the latter of being a ‘puppet of the Centre’.

subscription-appeal-image

Support Independent Media

The media must be free and fair, uninfluenced by corporate or state interests. That's why you, the public, need to pay to keep news free.

Contribute

“The AAP government’s contention that the LG is bound to act on advice of the council of ministers is without any substance and cannot be accepted,” said a bench comprising Chief Justice G Rohini and Justice Jayant Nath while delivering the verdict on Thursday.

Adding salt to AAP’s wounds, the court declared all commissions of enquiry appointed by Delhi government without the LG’s approval to be illegal. The AAP government had set up enquiry commissions to look into the CNG fitness certificate scam and alleged irregularities in Delhi & District Cricket Association (DDCA), dragging Union Finance Minister Arun Jaitley’s name into the latter.

The court also upheld the Centre’s notification that the Anti-Corruption Branch (ACB) of Delhi cannot take action related to employees of the Central government. The ACB has remained a bone of contentionbetween Delhi and the Centre since May last year.

In its 194-page judgement, the court has upheld the validity of Section 239 of the Constitution, which deals with administration of union territories, with respect to NCT. The court said the “insertion of Article 239AA has not diluted the application of Article 239 in any manner.” Article 239AA  was introduced by way of amendment of constitution in 1991, laying down special provisions with respect to Delhi.

Responding to the HC verdict Delhi Deputy CM Manish Sisodia told reporters, “ye LG aur Kejriwal ki ladai nahi hai…’We the people’ ki chunni hui logon ki chalegi ya selected logon ki (this is not a fight between LG and Kejriwal… Who will run Delhi, those elected by ‘We the people’ or selected few [representatives of the Central government])” He expressed his disagreement with Delhi HC judgement saying, “Delhi is not UT [union territory], it is a UT with legislature.”

The Delhi government will appeal against the judgment in Supreme Court. As of now, though, it’s advantage LG.

subscription-appeal-image

Power NL-TNM Election Fund

General elections are around the corner, and Newslaundry and The News Minute have ambitious plans together to focus on the issues that really matter to the voter. From political funding to battleground states, media coverage to 10 years of Modi, choose a project you would like to support and power our journalism.

Ground reportage is central to public interest journalism. Only readers like you can make it possible. Will you?

Support now

You may also like