Win For Kejriwal As SC Rules Against LG Baijal

Published on 04 Jul 2018 by Shivi

A five-judge bench of the Supreme Court, in a majority judgement, ruled that though Delhi is not a state, the elected government has the final power in all areas except land, police and public order. It said the lieutenant governor is bound by the aid and advice of the NCT govt in areas other than those exempted.

It also said the LG does not have independent decision-making powers.

The bench, headed by Chief Justice Dipak Misra, pronounced its verdict on the Delhi government's appeal challenging a High Court judgement holding LG as the administrative head of the capital. The High Court verdict came nearly two years ago, on August 4, 2016.

The Aam Aadmi Party (AAP) hailed the verdict as chief minister Árvind Kejriwal calling it as 'victory of democracy'.

Chief Justice Dipak Misra observed that the LG has no independent or executive power, is bound by the aid and advice of the council of ministers, and must work harmoniously with the government. There's no room for absolutism or anarchy, he said.

Misra also observed that the LG needed to be kept informed of all decisions. But this, he added, didn't mean that his concurrence was required.

Justice DY Chandrachud said nations fail when democratic institutions fail, and that society like India's- one with a diverse culture- requires dialogue.

Differences mustn't affect the responsibility politicians and administrators have towards the people, he said. In referring differences, the LG must take a reasonable approach, he added.

The real power and accountability, he observed, is with the elected government.

SOURCE


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