The Supreme Court on Wednesday directed the Delhi Government and Lieutenant Governor to work together. While the apex court said that the LG cannot reject every decision made by the cabinet, it also denied full statehood as desired by the AAP government. The five judge bench-led by CJI Dipak Misra said that LG must follow cabinet's decisions. The Supreme Court has said that state and Centre must work together in Delhi.
The Arvind-Kejriwal led government had filed a batch of appeals challenging the Delhi High Court’s order holding the Lieutenant Governor (LG) as the administrative head of the national capital.
The high court, in its August 4, 2016 verdict, had said that LG is the administrative head of National Capital Territory and AAP government’s contention that he is bound to act on the advice of Council of Ministers was “without substance”.
A five-judge constitution bench headed by Chief Justice Dipak Misra, which had commenced hearing in the matter on November 2 last year, had reserved its verdict on December 6, 2017. The other judges on the bench include Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan.
12:19 pm: BJP MP Subramanian Swamy on SC verdict: Yes what SC said is correct that LG must respect Delhi cabinet decisions, but if any anti national security or anti constitutional decision is taken,which they are capable of taking, as they are Naxalite type people, then LG can oppose
11:40 am: Former AAP leader Kapil Mishra on SC verdict: Kejriwal ji, Supreme Court ne AAP se kaha hai iodex maliye kaam pe chaliye (Mr Kejriwal, the SC has told AAP to rub some balm and get back to work)
केजरीवाल जी,— Kapil Mishra (@KapilMishra_IND) July 4, 2018
सुप्रीम कोर्ट ने AAP से कहा हैं
काम पर चलिए https://t.co/mw0ytu3USx
11:39 am: Centre's legal representative Additional Solicitor General (ASG) Maninder Singh on SC judgment: After today's judgment, if LG finds that Delhi Government's decision is not in favour of the people of Delhi then he can take that matter to the President of India, whose decision will be final. But mundane and trivial issues will not be taken to the President.
11:36 am: Centre's legal representative Additional Solicitor General (ASG) Maninder Singh on SC judgment: The court has today made it clear that the elected government will have to inform the LG before and after making the decision.
11:35 am: Former Attorney General of India Soli Sorabjee on SC verdict: Its a good verdict by Supreme Court. LG and Delhi Govt have to work harmoniously,can't always have confrontation. Daily squabbles are not good for democracy. I welcome the decision.
11:34 am: Deputy CM Manish Sisodia on SC verdict: Its a landmark judgment by Supreme Court. Now Delhi Govt will not have to send their files to LG for approval, now work will not be stalled. I thank the SC, its a big win for democracy.
11:33 am: Deputy CM Manish Sisodia on SC verdict: The court today made it clear that here are only three reserve subjects - police, law and order and land. The Centre had added the fourth services in the reserve subject, but the court order today has taken that away from Centre today.
11:31 am: Deputy CM Manish Sisodia on SC verdict: We thank SC for putting the people and the government elected by the people first. Now Centre's appointed LG cannot interfere in every decision made by the government, effectively halting governance.
11:30 am: Delhi CM Arvind Kejriwal tweets: A big victory for the people of Delhi...a big victory for democracy...
A big victory for the people of Delhi...a big victory for democracy...— Arvind Kejriwal (@ArvindKejriwal) July 4, 2018
11:21 am: AAP lawyer and MLA Somnath Bharti: The SC verdict will now allow the stuck projects in Delhi to start again. We will continue to work for the full statehood demand for Delhi. We will continue to create an atmosphere for it as it is a demand of the people not the government, he told media.
11:14 am: Former Delhi CM and Congress leader Sheila Dikshit on SC verdict: It is upto the government and LG to work in conjunction. Congress ruled in Delhi for 15 years without any conflict. The SC today reiterated the law.
11:11 am: Congress leader JP Aggarwal on SC verdict: The tussle in Delhi is political and not Constitutional. The SC has just reiterated the pre-existing law today. Both AAP and BJP want to keep causing trouble in Delhi, they are not thinking about people, he said.
11:11 am: Supreme Court says 'Lt Governor cannot refer all matters to the President.' Also adds 'Delhi cannot have full statehood in view of an earlier nine-judge judgment.'
11:07 am: Executive powers to be exercises by elected government. GNCT should be allowed to make laws and LG should not mechanically refer the matters to President : SC
11:07 am: The working of the Constitution is dependent on the statesmanship or the lack of those who are in elected positions: J Chandrachud
11:07 am: LG has a right to administrative decisions: J Chandrachud
11:07 am: A balance between state of Delhi and Centre is required in the light of special status given to Delhi : J Chandrachud
11:05 am: BJP Delhi chief Manoj Tiwari on SC verdict: The court's verdict a lesson for Arvind Kejriwal. The word 'aarajyakta' used by the court was for Kejriwal.
11:02 am: The Supreme Court says LG can’t interfere into every decision of the elected government.
11:02 am: Justice D Y Chandrachud reads separate judgment on the GNCT’s plea against Delhi High Court verdict that LG has supremacy over administrative decisions
11:01 am: Role of LG should not be obstructionist. There is no room for absolutism and no room for anarchy: CJI
10:58 am: SC directs LG and CM to work with cooperation and harmony. LG will have to follow Cabinet's advice but Delhi is not a full state, says SC
10:55 am: LG should not work like a machine and every decision should not be sent to Centre for consultation. LG must not oppose every decision made by the Cabinet: SC
10:53 am: Lieutenant Governor will have to approve of Cabinet's decision, says Supreme Court
10:49 am: Delhi does not have the full rights of a state: SC
10:48 am: The Constitution of India mandates a federal balance between the State and the Centre,the Centre shall not usurp powers on areas within the dominion of state
10:47 am: If legitimate decisions of legislature is delayed by LG, collective responsibility of govt stands negated: Chief Justice
10:46 am: All constitutional functionary must upheld constitutional morality and must function with the spirit of the constitution. Constitutional trust must be displayed by all constitutional functionaries: CJI Dipak Misra
10:46 am: Obeying the constitution is everybody's duty and responsibility, says CJI Dipak Misra
10:43 am: AAP vs Centre power tussle: Constitutional trust must be displayed by all constitutional functionaries, says CJI Dipak Misra
10:44 am: Set back for AAP Government, Supreme Court says Centre and Delhi Govt must work together
10:40 am: CJI Dipak Misra commences reading his Judgment, other two opinions were written by Justices Chandrachud and Ashok Bhushan
In marathon hearings, AAP's legal team had argued that the Delhi government possessed both the legislative and executive powers. It had said that the chief minister and the council of ministers had the legislative power to make laws as well as the executive authority to enforce the enacted statutes.
The AAP government had argued that the LG has been taking many executive decisions and a “harmonious interpretation” of Article 239AA of the Constitution was needed to fulfil the constitutional mandate for a democratically-elected Delhi government. The article deals with power and status of Delhi.
The Centre had contended before the bench that Delhi government cannot have the “exclusive” executive powers as it would be against national interests and referred to the 1989 Balakrishnan committee report that had dealt with the reasons for not granting the status of a state to Delhi.
While battery of senior lawyers — P Chidambaram, Gopal Subramanium, Rajeev Dhavan, Indira Jaising — had argued for the Arvind Kejriwal government, the NDA government at the Centre was represented by Additional Solicitor General (ASG) Maninder Singh in the marathon proceedings.
During the hearings, the apex court had clarified that it will only give judgment on the issue of full statehood to Delhi and not on individual issues arising out of the conflict like 'mohalla clinics'.