NEW DELHI: The Supreme Court issued a historic verdict in the power struggle between the AAP's Delhi government and the Centre on Thursday, saying that the Delhi government must have control over services and that the Lieutenant Governor is bound by its decision.
A unanimous Supreme Court Constitution Bench ruled that the L-G is bound by the aid and advice of the elected government, contradicting Justice Ashok Bhushan's 2019 ruling that the municipal government has no control over the issue of services.
Senior counsel Abhishek Manu Singhvi expressed happiness over and said that ‘every legal count’ of the ruling. Singhvi who represented Delhi government in the lawsuit vs the Lieutenant Governor said the result is in favour of the people of Delhi.
Marking the verdict a "landmark decision" in a tweet, AAP Rajya Sabha Raghav Chadha wrote: "Satyamev Jayate. Delhi wins. Hon'ble Supreme Court's landmark judgment sends a stern message that officers working with the government of Delhi are meant to serve (the) people of Delhi through the elected government and not unelected usurpers parachuted by Centre to stall governance, namely LG."
The Supreme Court in judgment read out that: "Article 239A establishes legislative assembly for National Capital Territory of Delhi. Members of the legislative assembly are elected by Delhi electorate. Art 239A must be interpreted so as to further the representative democracy."
The Delhi assembly is given legislative powers to represent the will of the people, according to a majority decision by the Supreme Court's Constitution Bench. The elected arm of government must have real power of administration in a democratic form of governance, said the bench, adding that the central government's power in matters where both the Centre and states can legislate "is limited to ensure that the governance is not taken over by the Central government."
"If officers stop reporting to the ministers or do not abide by their directions, the principle of collective responsibility is affected," Chief Justice DY Chandhrachud said, while passing the verdict.
The judges concluded that the Lieutenant Governor, who represents the Centre in Delhi, is bound by the elected government's decision on services. According to them, the Lt Governor is also bound by the council of ministers' assistance and advice.
While the Lt Governor has powers, they do not imply administration over the entire Delhi government, as the Supreme Court stated, "Otherwise the purpose of having a separate elected body in Delhi will be rendered futile."
Previously, Manish Sisodia, former deputy chief minister of the Aam Aadmi Party, filed an affidavit in the Supreme Court stating that L-G Saxena interfered in Delhi government matters by interacting with officials directly without involving ministers. However, L-G later rejected the claims leveled against him.
In 2018, a five-judge Bench comprised of then-CJI Dipak Misra and Justices Sikri, Bhushan, A M Khanwilkar, and (now CJI) Chandrachud resolved the question of power disparities between the elected administration and the Delhi L-G. They interpreted the Constitution's Article 239AA, which has unique provisions for Delhi.
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