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SC to decide if LG is administrative boss of Delhi
The Delhi government has highlighted the primary question whether the dispute between AAP-Centre was a federal dispute coming under Article 131 of the Constitution and which only the Supreme Court has jurisdiction to hear and decide.
The Supreme Court (SC) of India on Thursday, while hearing a batch of pleas filed by the Aam Aadmi Party (AAP) led Delhi Government observed that the Delhi government will have to take the Lieutenant Governor's (LG) consent to govern the administrative duties in the capital.
Subramanium said the Delhi government accepts the supremacy of Parliament and its powers but motive behind incorporating Article 239AA in the Constitution by amendments was to give voice to the people by democratically elected government. He added that even when there were differences between the L-G and state government, "the L-G can not be sitting on a file".
On August 4, the High Court had ruled that Delhi continues to remain a union territory under the Constitution with the LG as its administrative head. Mr Subramanium argued that a harmonious interpretation of Article 239AA was needed to fulfil constitutional mandate for a democratic elected government in Delhi. The L-G, he added, was holding meeting separately with the officials without ministers.
The top court by its December 16, 2016 order had referred all the petitions challenging the legality of demonetisation decision to the constitution bench.
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"More than 1.14 lakh vacancies are there, but I can not fill it up and have to seek LG's permission".
Not agreeing to the argument that Council of Ministers can aid and advise the Lt. Governor on every issue, Chief Justice Misra said that it can only do do on which legislature (Delhi assembly) can enact laws.
"We issue notice. Let the matter be listed for hearing on November 13", the bench said.
The hearing by the two judge bench on Delhi government's appeals had seen the court favouring a balance in the exercise of powers by the Delhi government and the Lt. Governor for good governance. Even civil servants do not recognise the ministers as heads of departments.
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