New Delhi: The operative part of the judgment is in. The majority opinion among the five judges has clipped the LG’s powers and has said that the LG is bound by the aid and advice of the elected government barring three exceptions of public order, police and land.
Real power with elected govt: Justice Chandrachud
The LG must take a reasonable approach while dealing with difference (between him and the Delhi government), Justice DY Chandrachud said, adding, “Real power and accountability is with the elected government.” Justice Chandrachud’s observations from his verdict more or less echo what CJI Dipak Misra said moments earlier.
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.’
LG has not been entrusted with independent powers: SC: Update on the AAP vs Centre power tussle:
SC rules that, “All decisions of council of ministers must be communicated to LG but that doesn’t mean concurrence of LG is required.
“LG should not act in a mechanical manner and stall decisions of council of ministers.
“LG has not been entrusted with independent powers. LG can refer issues on difference of opinion to President only in exceptional matters and not as general rule.
“LG must work harmoniously with council of ministers and attempt should be made to settle difference of opinion with discussions.”
Justice D Y Chandrachud in his separate but concurrent verdict said LG must realise that council of ministers are answerable to people.
Chief Justice of India Dipak Misra says ‘LG cannot act independently unless where the Constitution allows. LG cannot be an obstructionist.’
Three of the five judges CJI Dipak Misra, A K Sikri and A M Khanwilkar rule that LG can’t interfere into every decision of the state government.
Except for the three fields including law and order which are governed by the Centre, Delhi government must be allowed to legislate and govern other issues and LG cannot stall decisions mechanically, rules Supreme Court.
Except for the three fields including law and order which are governed by the Centre, Delhi government must be allowed to legislate and govern other issues and LG cannot stall decisions mechanically, rules Supreme Court.
SC said LG has no independent decision-making power and cannot behave as an obstructionist when the constitution gives primacy to representative of government.
LG cannot act as an obstructionist to policy decisions taken by AAP government, rules five-judge SC bench.
LG cannot act mechanically. LG is bound by aid and advise by Cabinet: CJI Dipak Misra
Delghi cannot be given status of state, says CJI Dipak Misra
The LG must work harmoniously with the state, the LG and council of ministers have to be constantly aligned, says CJI Dipak Misra
Chief Justice of India Dipak Misra says ‘The relationship between Centre and State Govt should be healthy’
Chief Justice of India Dipak Misra says ‘Obeying the constitution is everybody’s duty and responsibility’
