The Supreme Court Wednesday said the Delhi Lieutenant Governor cannot act independently and must take the aid and advise of the Council of Ministers. It observed that the national capital enjoys special status and is not a full state. Hence, the role of the L-G is different than that of a Governor. The apex court also observed that neither the state nor the L-G should feel lionized, but realise they are serving Constitutional obligations. “There is no space for absolutism or anarchy in our Constitution,” the SC stated.
Delhi Chief Minister Arvind Kejriwal had accused L-G Anil Baijal of taking decisions of an elected government and delaying work by sitting on files. The Centre, which appoints the L-G, had contended that “for any Centrally administered territory… and especially Delhi in respect of its unique position… responsibility is on the shoulders of the Union Government”.
The matter was heard by a five-judge bench which was headed by CJI Dipak Misra and comprised Justice A K Sikri, Justice A M Khanwilkar, Justice D Y Chandrachud and Justice Ashok Bhushan. It had reserved its verdict on December 6, 2017.