Supreme Court to hear appeals of AAP govt against HC order on LG’s powers

On September 2, the Delhi government had informed Supreme Court that it has filed six different pleas challenging the Delhi HC order and withdrew its civil suit on declaring the national capital as a full State.

By: PTI | New Delhi | Updated: September 5, 2016 12:49 pm

The Supreme Court on Monday agreed to hear on September 9 a batch of six appeals filed by Arvind Kejriwal-led AAP government, challenging Delhi High Court verdict that the Lieutenant Governor is the administrative head of the national capital.

“Let them come up for hearing on Friday,” a bench of Chief Justice T S Thakur and Justice D Y Chandrachud said when senior advocate Gopal Subramaniam, appearing for Delhi government, sought an urgent hearing of these petitions. “A piquant situation has emerged in Delhi due to the Delhi High Court’s August 4 judgement which had held that all decisions of the elected government have to get prior approval of the Lt Governor,” Subramaniam said.

On September 2, the Delhi government had informed Supreme Court that it has filed six different pleas challenging the Delhi HC 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 apex court had last month asked the AAP government whether it would file an appeal against the HC order holding Delhi as a Union Territory with LG as its administrative head and, if yes, by when.

It had said the Delhi government needed to file the SLP and the civil suit would become “infructuous”. Centre had vehemently opposed the government’s plea, saying that it cannot pursue parallel recourse for the same relief.

Earlier, the high court had held that Delhi will 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”.

It 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”.

“On a reading of Article 239 and Article 239AA of the Constitution together with the provisions of the GNCT of Delhi Act, 1991 and Transaction of Business of the Government of NCT of Delhi Rules, 1993, it becomes manifest that Delhi continues to be Union Territory even after Constitution (69th Amendment) Act, 1991 inserting Article 239AA making special provisions with respect to Delhi,” the HC had said.

The HC, which had rejected almost all the contentions of Delhi government, however agreed with its submission that the LG will have to act on its aid and advice in appointment of special public prosecutors.

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  1. I
    IML sood
    Sep 5, 2016 at 2:42 pm
    Now wait for a tight slap on Aap face from SC, where they will go then, to international court or UNO?Think in advance.Apart from this a Q arises how much public money is being wasted by this immature Delhi Govt. on litigation on each and every issue and who will ultimately suffer!
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    1. S
      Sovereign Power
      Sep 5, 2016 at 1:47 pm
      consutional amendments can be declared ultra vires the consution. The supreme court has the power to issue directions to the government if it sees fit. Judegements of the Supreme Court enjoy force of law.
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        Amit Mukhopadhyay
        Sep 5, 2016 at 11:25 am
        The Supreme Court should settle the matter. As the matter has been under proceedings in various courts for the last two years, it has lost sheen to some extent, it's considered almost a mundane matter these days. But the matter is extremely significant in terms of the Consution and the status of UTs. Please remember, Pondicherry has also become a state, it also has an embly and an LG. What the Delhi Govt is saying in the matter has merit. There has to be a "democratic objective" in electing an embly. If the embly has no power to decide, then why to have it? My opinion is that the article under which Delhi was granted legislature is proving inadequate. I suspect SC will base the reasoning of its judgement on the inadequacy of Article 239a and the GNCTD Act 1991, and notify the Union to clarify why Consution can't be amended to find a lasting .solution to the problem.
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          Deshu
          Sep 5, 2016 at 11:20 am
          If SC with suo moto orders centre to restore Delhi, a capital of India as an Union Territory, it will do the greatest services to Nation,Maximum leaders of AAP are childish,fooling public with false promises. If done so, Major Political Parties : BJP and Congress will be more happy to act immediately to amend the consution .Further the present govt should not be given any power to act or challenge order of Lt Governor as ordered by Delhi High Court.Delhi needs an honest, sincere and more matured leader in politics. like late Rajiv hi, Narendra Modi and not like Hardik Patel and Arvind Kejriwal or Kanhaiya Kumar of JDU.
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            Deshu
            Sep 5, 2016 at 12:03 pm
            Pondicherry, unlike like Delhi is not Capital India.Further present CM of Pondicherry,Narayanasamy is more matured politician unlike Childish Arvind Kejriwal.
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