Delhi-Centre Turf Spat - Arguments and Counter-Arguments

10/21/2018 Delhi-Centre turf spat: Arguments and counter-arguments - The Hindu
 IN DEPTH
Delhi-Centre turf spat: Arguments and counter-arguments

Who should govern Delhi? The big question before the ve-judge
Constitution Bench.

NOVEMBER 27, 2017 13:02 IST
UPDATED: NOVEMBER 27, 2017 13:02 IST
A five-judge Constitution Bench led by Chief Justice of India Dipak Misra on November 2
commenced hearing a series of appeals filed by the Delhi government for laying down the law
on whether the Lieutenant-Governor (L-G) can unilaterally administer the Capital without
being bound by the “aid and advice” of the elected government.
 In Depth
https://www.thehindu.com/news/national/delhi-centre-turf-spat-arguments-and-counter-arguments/article20952083.ece 1/14
The Delhi government had approached the Delhi High Court claiming the frequent disputes
arising between the Arvind Kejriwal government and the Lieutenant-Governor (earlier Najeeb
Jung and now Anil Baijal) was "a classic case of federal dispute." But the High Court struck it
down and upheld the L-G’s power over the police, land, public order as well as “services.”
The Kejriwal government wants the Supreme Court to lay down the law on whether the L-G
can unilaterally administer the National Capital without being bound by the “aid and advice”
of the elected government.
The Union government, however, argues the Delhi government is at best meant to take care of
the “daily utilities” of the National Capital and the "real power to administrate the National
Capital" is vested with the President and the Union of India.
 Delhi-Centre turf spat: Arguments and counter-arguments
It’s an elected government at the Centre too, SC told

Legal Correspondent
NEW DELHI NOVEMBER 24, 2017 01:25 IST
Centre says nothing undemocratic about it exercising power over Capital through L-G
The Centre argued on Thursday that it is an elected government at the Centre and there is
nothing undemocratic about the Union Government and the President, through the
Lieutenant-Governor, exercising complete executive power over the National Capital.
Arguing before a Constitution Bench led by Chief Justice of India Dipak Misra, Additional
Solicitor General Maninder Singh said even “the complete control on finances is exercised by
the Lieutenant-Governor”.
Earlier judgments
This marked the third day of arguments from the Centre’s side in the power tussle between the
Union government and the AAP government in Delhi over the governance of the National
Capital.
Referring to the powers vested with the President, Centre and the L-G, Mr. Singh said they
were vested with the power to decide what will be the official language of a particular locality
in Delhi depending upon the nature of the population living there, and even this decision-
making authority was not with the local government.
He said the Delhi High Court, while holding the L-G as the administrative head of the national
capital, had followed earlier apex court judgments.
‘No executive power’

Mr. Singh said the Constitution recognises that the Union has so much at stake in the affairs of
the National Capital and continuous control has to be maintained in almost every subject of
governance and administration. The law officer argued that Constitution
Readprovides
More “no
READ ORIGINAL ARTICLE
i l i ” h D lhi
Delhi belongs to the entire nation: Centre to apex court

Legal Correspondent
Reiterates power over Capital lies with President, Union govt
Delhi does not belong just to the people of Delhi but to the entire nation and the final word of
governance of the National Capital lies with the President and the Union government, the
Centre told the Supreme Court on Wednesday.

Read More
Delhi govt’s job is to take care of ‘daily utilities’: Centre

Krishnadas Rajagopal
Tells SC real power to administer is vested with President, Union of India
The Delhi government is at best meant to take care of the “daily utilities” of the National
Capital. The real power to administrate the National Capital is vested with the President and
the Union of India, the Centre opened its innings on Tuesday before a Supreme Court
Constitution Bench.
The President and the Union of India, and not the local government, is vested with the power
to govern Delhi – “a centrally-administered area with special features”, Additional Solicitor
General Maninder Singh submitted before the five-judge Bench led by Chief Justice of India
Dipak Misra.
Govt’s aid and advice
The Centre and the Delhi government are locked in a turf war over who has administrative
power over the National Capital and whether the Lieutenant-Governor can take unilateral
decisions without being bound by the aid and advice of the elected government of Delhi.
Mr. Singh said Delhi government wants “uncontrolled, vertically divided executive power”.
“But when the power is not vested in you, how can you exercise it? To spend money, you have
to have some in your pocket,” the law officer submitted.
Mr. Singh said the “special status” given to Delhi is as regards the other Union Territories. This
does not elevate Delhi to the status of a ‘State’. He said the Constitution is specific about
provisions concerning the States, and Delhi does not figure in any of these provisions. He
argued that the Constitution is silent about giving co-extensive executive and legislative
powers to the Delhi government. The court should not interpret something which is not there
Read More
inREAD
the ORIGINAL ARTICLE
Constitution
‘No tug-of-war if same party runs Delhi, Central govts’

Legal Correspondent

Read More
‘Delhi govt is responsible to people and legislature’

Legal Correspondent
Powers of L-G limited before that possessed by Assembly, govt counsel tells SC
The Constitution envisages Delhi to have a representative government which is responsible to

the people and the legislature, the Delhi government argued before a five-judge Constitution
Bench on Wednesday.
The Bench led by Chief Justice of India Dipak Misra heard senior advocates Indira Jaising and
Rajeev Dhavan on the question of the constitutional balance of equation between the Delhi
government and the Centre over the administration of the National Capital.
Ms. Jaising argued that the Centre is not without remedy if a State government has gone rogue
and is not implementing or complying with its laws.
‘Control’ over States

The senior advocate pointed to Article 257(1) which mandates the Union’s “control” over the
States in certain cases.
The Article provides that the executive power of every State shall be exercised in a way which
will not impede or prejudice the powers of the Union government. If so, the Article clarifies
that the Union’s executive power will extend to “giving of such directions to a State as may
appear to the Government of India to be necessary for that purpose”.
Read More
Earlier, seniorARTICLE
READ ORIGINAL advocate P. Chidambaram had argued that the legislative powers of the
LG making mockery of democracy: Delhi govt.

PTI
A ve-judge constitution bench, headed by Chief Justice Dipak Misra, is hearing pleas
on who enjoys supremacy in governing the national capital.
The AAP government on Thursday accused the Delhi Lieutenant Governor in the Supreme
Court of making a “mockery of democracy”, saying he was either taking decisions of an elected
government or substituting them without having any power.
A five-judge constitution bench headed by Chief Justice Dipak Misra, which is hearing pleas
on who enjoys supremacy in governing the national capital, was told by the Delhi government
that either the President, or the Chief Minister or the Council of Ministers had the power in
event of difference of opinion between the government and the LG over an issue.
Senior advocate P. Chidambaram, appearing for the Arvind Kejriwal government, referred to
the provisions of statutes including the Government of National Capital Territory of Delhi
(GNCTD) Act and the Transaction of Business of the GNCTD Rules and said, “the LG is required
to act as per aid and advice and, in case differences, the President will decide and there is no
third way. The LG has no power.”
“But what is happening is that the Lieutenant Governor is taking decisions and substituting
the decisions of the elected government...What the LG is doing is mockery of democracy,” he
told the bench, which also comprised Justices A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud
and Ashok Bhushan.
On the issue of referring a matter to the President, he said only those matters, which deserved
to be escalated to the President, should be referred, otherwise the President will be left with
the administrative issues of Delhi only.
Read More
‘Delhi LG thinks he is the Viceroy’


Read More
Difference of opinion between LG and Delhi govt. should

not be trivial or contrived: CJI
Delhi government counsel and senior advocate Gopal Subramanium says the LG was
intervening in the day-to-day functioning of the government
The Lieutenant Governor (LG) cannot differ with each and any administrative decision of the
Delhi government. Though having every authority to differ, his disagreement with the Delhi
government should not be “trivial or contrived, but substantive,” Chief Justice of India Dipak
Misra orally observed on Tuesday.
Aid and
READ adviceARTICLE
ORIGINAL (of the Delhi government) should be accepted and respected unless there is an
Read More
Delhi LG cannot simply sit on files and stultify

governance: Justice Chandrachud
The Kejriwal government wants the Supreme Court to lay down the law on whether the
LG can unilaterally administer the National Capital without being bound by the “aid
and advice” of the elected government.
The Lieutenant Governor (LG) of Delhi cannot stultify proposals or schemes forwarded by the
Council of Ministers to him by simply sitting on them, Justice D.Y. Chandrachud orally
observed on Thursday.
“He [LG] is bound to pass the difference of opinions [between the LG and the Delhi Council of
Ministers] to the President for early resolution,” he said.
Justice Chandrachud’s observations came on the first day of a five-judge Constitution Bench
hearing a batch of nine appeals filed by the Arvind Kejriwal-led Aam Aadmi Party government
against an August 4, 2016 judgment of the Delhi High Court.
The AAP government argued that the High Court declared the LG to have “complete control of
all matters regarding National Capital Territory of Delhi, and nothing will happen without the
concurrence of the LG.”
The Kejriwal government wants the Supreme Court to lay down the law on whether the LG can
unilaterally administer the National Capital without being bound by the “aid and advice” of
the elected government.
High Court ruling

“The Delhi High Court actually said this LG has special powers greater than the President,
greater than other Governors of States,” senior advocate Gopal Subramanium submitted for
the Delhi government.
Read More
The 69th
READ Amendment
ORIGINAL ARTICLE of the Constitution in 1992 gave the National Capital of Delhi special

Delhi-Centre Turf Spat - Arguments and Counter-Arguments

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10/21/2018 Delhi-Centre turf spat: Arguments and counter-arguments - The Hindu

Delhi-Centre turf spat: Arguments and counter-arguments

 Delhi-Centre turf spat: Arguments and counter-arguments

It’s an elected government at the Centre too, SC told

‘No executive power’

 Delhi-Centre turf spat: Arguments and counter-arguments

Delhi belongs to the entire nation: Centre to apex court

Reiterates power over Capital lies with President, Union govt

READ ORIGINAL ARTICLE

 Delhi-Centre turf spat: Arguments and counter-arguments

Delhi govt’s job is to take care of ‘daily utilities’: Centre

Tells SC real power to administer is vested with President, Union of India

Govt’s aid and advice

 Delhi-Centre turf spat: Arguments and counter-arguments

‘No tug-of-war if same party runs Delhi, Central govts’

READ ORIGINAL ARTICLE

 Delhi-Centre turf spat: Arguments and counter-arguments

‘Delhi govt is responsible to people and legislature’

The Constitution envisages Delhi to have a representative government which is responsible to

‘Control’ over States

 Delhi-Centre turf spat: Arguments and counter-arguments

LG making mockery of democracy: Delhi govt.

 Delhi-Centre turf spat: Arguments and counter-arguments

‘Delhi LG thinks he is the Viceroy’

READ ORIGINAL ARTICLE

 Delhi-Centre turf spat: Arguments and counter-arguments

Difference of opinion between LG and Delhi govt. should

 Delhi-Centre turf spat: Arguments and counter-arguments

Delhi LG cannot simply sit on files and stultify

High Court ruling

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