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Continuing its arguments on the issue of division of power between the Lieutenant Governor of Delhi and the elected cabinet, the Delhi government on Tuesday told the High Court that the Lt Governor cannot be “treated as the Centre’s agent”.
The Lt Governor cannot “reduce” the elected chief minister to a “puppet”, the counsel for the government told the court.
Appearing before the bench of Chief Justice G Rohini and Justice Jayant Nath, senior advocate Dayan Krishnan said that the elected chief minister had a “constitutional trust placed on him”, along with powers given under the GNCTD (Government of National Capital Territory of Delhi) Act and the Conduct of Business rules.
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“The Lt Governor or Governor cannot be treated as an agent of the Union of India. He cannot act on behalf of Union of India and he cannot be represented by the Union of India as it would be against the fundamental framework of the Constitution,” said Krishnan.
He also told the court that almost every power given to a state government has been given to the GNCTD, which he termed as a “hybrid-state”. The Parliament was also “conscious” of the nature of powers being given to GNCTD, he said.
Krishnan further said that as far as powers delegated to the state were concerned, the Lt Governor was bound by the advise of the Council of Ministers.