Real power must lie with the elected govt: SC on AAP vs Centre
July 04, 2018  11:19
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The Supreme Court is delivering its verdict in the case involving the Delhi government and the Centre's tussle regarding administrative control over the national capital. The verdict is a clear win for the Arvind Kejriwal-led AAP government in Delhi. The Supreme Court in no uncertain terms said that the state should enjoy freedom with unsolicited interference. The court said real power must lie with the elected government.


Chief Justice of India Dipak Misra says in the matter of the power tussle between the Centre and the Delhi Government that obeying the Constitution is everybody's duty and responsibility.


"The relationship between Centre and State Govt should be healthy. The LG must work harmoniously with the state, the LG and council of ministers have to be constantly aligned and it's role cannot be obstructionist. The LG cannot have a difference of opinion on every matter with the council of ministers," the SC said.

"The LG should not act in a mechanical manner to refer every order of the Govt to the President but only exceptional ones," the SC said.

Only three reserved subjects, police, land and public order remain with the Centre. All others are under the domain of the Delhi Govt.

The SC holds that the LG is bound by the aid and advice of the Council of Ministers. 

The top court had reserved its judgment on the plea of the Aam Aadmi Party government challenging the Delhi High Court's ruling, which stated that Delhi is a Union Territory and the Lieutenant Governor, its administrative head.
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