Delhi’s Lieutenant Governor cannot act as an “obstructionist” and must respect the democratically-elected government, the Supreme Court said on Wednesday, handing a major victory to chief minister Arvind Kejriwal in a long-running and bitter power tussle with the Centre’s representative.
A five-judge constitution bench headed by Chief Justice Dipak Misra also said the Lt Governor has “no independent decision-making power” and is bound by the aid and advice of the council of ministers.
“There is no room for absolutism and there is no room for anarchism also,” the bench said in a unanimous ruling pronounced by the Chief Justice.
The court, however, said New Delhi cannot be given the status of a state, another long-pending demand of the Kejriwal-led Aam Aadmi Party (AAP) government.
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Kejriwal was quick to claim victory in his battle with L-G Anil Baijal, terming the top court judgment as a “a big victory for the people of Delhi” and a “a big victory for democracy”.
Delhi follows a complex governance pattern with key departments such as law and order under the L-G, who reports to the Union home ministry. Kejriwal has long accused the BJP-led government at the Centre of trying to usurp his powers through the L-G.
The court also laid down for the first time clear guidelines for the LG’s conduct, and delineated powers of the two branches of the executive in Delhi.
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It said that except for three issues -- public order, police and land -- the Delhi government has the power to legislate and govern on other issues. A senior government official said that with the apex court’s order, services will now come under the Delhi government and the political executive will have a say in the transfer and posting of bureaucrats.
The top court’s ruling came on a batch of appeals filed by Kejriwal’s government challenging a Delhi High Court order holding the LG as the administrative head of the national capital.
Disagreeing with the High Court order, the Supreme Court said the LG should not act in a mechanical manner and stall the decisions of the Council of Ministers.
It said the LG has not been entrusted with independent powers and he can refer issues on difference of opinion to the President only in exceptional matters and not as a general rule.
In three separate but concurring judgments, Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan said there is no independent authority vested with the LG to take independent decisions.
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The SC said all decisions of the Council of Ministers, who are elected representatives of the people of Delhi, must be communicated to the LG but that does not mean his concurrence is required.
Baijal did not immediately comment on the ruling.
The verdict set off celebrations among AAP supporters and workers, who danced in the streets, distributed sweets and beat drums.
Deputy chief minister, Manish Sisodia, termed the judgment as “historic” and recalled the landmark mandate that the people of Delhi had given to AAP in the assembly elections in February 2015 when the party won 67 of 70 seats.
The Congress said the BJP and the AAP should now restart the development of the national capital.
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“Since the apex court has clarified about the powers in Delhi, we hope that the development, which has been stalled ever since the Congress was voted out of power over four years ago, will start again,” Delhi Congress chief Ajay Maken said.
The tussle between the LG and Kejriwal reached a peak earlier this year when Chief Secretary Anshu Prakash said he is answerable only to the LG, which resulted in a confrontation at the Secretariat and Prakash was allegedly slapped by an AAP MLA.
Subsequently, Delhi bureaucrats went on a virtual strike, refusing to attend meetings called by their ministers. Kejriwal raised the stakes by staging a sit-in in the the visitors’ lounge at the LG's residence for several days before a compromise was hammered out.
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The AAP government claims that the LG has repeatedly thrown “hurdles” in the way of the functioning of an elected government through a “wilful interpretation” of the Constitution.
“Whether it was the issue of installation of CCTV cameras, ration scheme, transfer and posting (of officials), interference was being created,” Sisodia said.
“What the court has said that people are supreme, elected government will be supreme, and LG has no power to act arbitrarily (LG ke paas manmani karne ki power nahin hai),” he was quoted as saying by PTI.
Soon after the verdict, Kejriwal tweeted he will hold a Cabinet meeting later today.
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“Called a meeting of all Cabinet Ministers at 4 pm at my residence to discuss critical projects of public importance which were blocked so far,” Kejriwal wrote.
(With agency inputs)
