In a Relief for AAP Govt, LG Jung Can’t Have Absolute Admin Powers

The AAP government appeal against the HC verdict which had held that the LG was the administrative head of Delhi.

Supreme Court of India. (Photo: Reuters)

The Delhi government should have some powers otherwise it cannot function, the Supreme Court on Wednesday, observed while listing for the final disposal of the AAP government’s appeal against the high court verdict which had held that the LG was the administrative head of the national capital.

The "elected government in Delhi should have some powers otherwise it cannot function. The matter needs to be decided fast", a bench of Justices A K Sikri and A M Sapre observed.

The bench listed the matter for final disposal on 18 January and said since it will hear the matter in detail.

Senior advocate Gopal Subramaniam, appearing for the Aam Aadmi Party (AAP) government, said that the high court has held that the aid and advice of council of ministers are not binding upon the LG.

“The elected government in Delhi cannot appoint the chief secretary or cannot even appoint a class IV officer by itself,” Subramaniam said, noting that under the constitutional scheme of things the council of ministers are required to give aid and advice to the LG.

He said that the Constitution mandates that when there is difference of opinion on any issue, then the matter could be referred to the President.

The apex court had earlier refused to grant an interim stay on the Delhi High Court verdict and sought response within six weeks from the Centre on seven appeals of the AAP dispensation.

It had also declined to stay the decision of LG Jung to set up a three-member committee to scrutinise over 400 files and past orders of the elected city government.

In its verdict, the high court had rejected several pleas challenging the LG's authority after which he had ordered examination of the files.