Delhi govt vs Centre: Aid and advice of CM are not ‘words in vacuum’, says Supreme Court
There cannot be day-to-day impediments by Delhi Lieutenant Governor (LG) in the elected government’s functioning as the responsibilities conferred on him are “not absolute”, the Supreme Court said today.
In “tentative” observations, the top court, while hearing a clutch of appeals of the AAP government on who enjoys supremacy over Delhi’s governance, said the aid and advice of the Chief Minister and his council of ministers are not “words in vacuum” and “some meaning has to be attached to it”. During arguments, senior advocate P Chidambaram, representing Delhi government, said the LG was not like the ‘Viceroy of the British Crown’ but only a representative of the President till he enjoyed the confidence of the highest office of the land.
A five-judge Constitution bench headed by Chief Justice Dipak Misra observed that differences of opinion between the LG and the government has to be with regard to policy matters and these differences “must be established through cogent reasons and not just for the sake of difference.” “Responsibilities of the LG are not absolute and if you want to say ‘no’ to a policy matter, then please send it to the President,” it said, adding “there cannot be day-to-day impediments in the functioning …read more
