L-G executive head of govt, asserts Centre

The hearing came after a gap of over two months. The Delhi government had completed its arguments on November 2, following which the matter was adjourned thrice. A batch of nine separate petitions on the issue of the interpretation of the constitutional provision regarding administration of Delhi is being heard by the bench. The disputes include the clash between the AAP government and the Lt Governor over the powers of the cabinet to take decisions without approval of the latter.

The ASG informed the bench that Article 239AA of the constitution, which carved out special provisions for Delhi, did not take away from the position of a Union Territory. “Central government retains control over the administration,” said the ASG, adding that the constitutional provision “clearly stated” the legislative assembly of Delhi did not have the legislative competence to make laws regarding certain important aspects including law and order. “The office of the Delhi Lt Governor is unique. It is not a mirror image of a state governor… The Delhi Lt Governor is not a mere titular head, he is the executive head of the government,” said the ASG. The arguments are set to continue Friday.