Published On : Fri, Sep 9th, 2016

SC seeks Centre’s response on AAP’s appeals against HC order on LG’s powers

Supreme Court
New Delhi/Nagpur:
The Supreme Court on Friday issues notice to the Centre on Arvind Kejriwa I-led Aam Aadmi Party (AAP) Government’s appeals, challenging the Delhi High Court verdict that the Lieutenant Governor is the administrative head of the national capital.

The apex court, which will hear the matter next on November 15, has given the Centre six weeks time to file the response.

The apex court refused to stay the High Court order even though the AAP Government said that the judgement has made officers reluctant to report to the Delhi Ministers. The apex court also did not agree to stop Lieutenant Governor’s direction to set up panel to examine the incumbent AAP Government’s past decisions. The AAP Government had earlier on September 2 informed Supreme Court that it has filed six different pleas challenging the Delhi High Court order and withdrew its civil suit on declaring the national capital as a full state. The court had allowed the AAP Government to withdraw the civil suit and given the liberty to raise the issues raised in it in the Special Leave Petitions (SLPs) it has filed. The High Court had earlier held that Delhi would continue to remain a Union territory under the Constitution with the LG as its administrative head.

The High Court had in its August 4 verdict said that the special constitutional provision Article 239AA dealing with Delhi does not “dilute” the effect of Article 239 which relates to Union Territory and hence, concurrence of the LG in administrative issues was “mandatory”. The High Court did not accept AAP Government’s contention that LG was bound to act only on the aid and advice of the Chief Minister and his Council of Ministers with regard to making of laws by the Legislative Assembly under the Article 239AA and termed it as “without substance’.