LG vs AAP: Kejriwal Hails Verdict; “Slap For Delhi Govt,” Says BJP
SC held that LG has no independent decision-making powers and must act on the aid of Council of Ministers.
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The Lieutenant Governor cannot act independently unless where the Constitution allows. LG cannot be an obstructionist, the Supreme Court ruled on 4 July – effectively closing the long-drawn out power tussle between Lieutenant Governor Anil Baijal and the Arvind Kejriwal-led AAP government.
The constitution bench, headed by Chief Justice Dipak Misra, constituting Justices AK Sikri, AM Khanwilkar, DY Chandrachud, and Ashok Bhushan stated that while Delhi could not be granted “full statehood”, the elected government could make rules on all subjects in the concurrent list, and subjects in the state list, barring three – law, police and public order. The apex court also held that LG Baijal does not have independent decision-making powers, and is bound to act on the aid and advice of the Council of Ministers.
Arvind Kejriwal hailed the verdict a win for democracy.
Delhi Deputy CM Manish Sisodia said that work would now no longer be stalled since the Delhi government will no longer have to send files to LG for approval.
AAP’s Satyendra Jain told Firstpost: “Our faith in the democracy has been restored... We now have control over departments like health and education that are critical to Delhi's development.”
Former Delhi CM Sheila Dikshit told reporters that Delhi would face problems if LG and Delhi government don’t wok together.
BJP's Delhi unit chief Manoj Tiwari told ABP: “The SC said that government's decisions must be in line with the constitutional spirit. Similarly, the BJP also wants the Delhi's AAP government to follow the constitution.”
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