Buoyed by the historic verdict in his favour, Delhi Chief Minister Arvind Kejriwal on Wednesday called an emergency meeting of his cabinet.File Photo: PTI
Minutes after the top court ruled that the elected government and not the Lieutenant Governor was the administrative boss of the national capital, Kejriwal tweeted, “Called a meeting of all Cabinet Ministers at 4 pm at my residence to discuss critical projects of public importance which were blocked so far.”
Called a meeting of all Cabinet Ministers at 4 pm at my residence to discuss critical projects of public importance which were blocked so far.
— Arvind Kejriwal (@ArvindKejriwal) July 4, 2018
A constitutional bench of the Supreme Court on Wednesday said that the Lt Governor could not refer all matters to the President adding that Delhi cannot have full statehood in view of an earlier nine-judge judgment.
In a damning indictment of the LG’s style of functioning, the constitutional bench headed by the Chief Justice of India, Dipak Misra, said, “LG cannot act independently unless where the Constitution allows. LG cannot be an obstructionist.”
This verdict in a way also rejected the ruling of the High Court, which had declared the LG as the boss of Delhi in 2016.
Chief Justice Misra also said that the ‘popular will of people can’t be allowed to lose’ adding that ‘Under Article 239 AA, govt has some power to make laws in state list.’ According to LiveLaw, CJI Misra, Justice AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan unanimously said that the decision of the elected government Delhi has to be respected and LG should act as an aide and advisor of the state government.
Reacting to the development, Delhi Chief Minister Arvind Kejriwal tweeted, “A big victory for the people of Delhi…a big victory for democracy.”
Here are the key highlights of the order as flashed by LiveLaw:
- LG can’t interfere in every matter. He should interfere only in an exceptional matter to balance the Constitutional Federal structure
- Popular will of people can’t be allowed to lose : CJI
- Under Article 239 AA, govt has some power to make laws in state list : CJI
- Executive power of GNCT, which is elected by people, is required some degree of independence: CJI Misra
- The Constitution of India mandates a federal balance between the State and the Centre, Centre shall not usurp powers on areas within the dominion of state: SC
- The opinion and decision of the elected government has to be respected. But the constitution does not provide that LG to concur all decisions of govt: Justice Bhushan
- Interpretation of Const provision should be based on the need of time : J Bhushan