Delhi varies from other states... LG must be apprised on policy: SC
New Delhi: The position of Delhi is different from other states and the elected government is under an obligation to apprise the Lieutenant Governor about policy decisions, the Supreme Court said on Tuesday.
While hearing pleas on who enjoyed supremacy in governing the national capital, a five-judge Constitution bench headed by Chief Justice Dipak Misra referred to provisions of the Constitution, the Government of National Capital Territory of Delhi Act and the Transaction of Business of the Government of National Capital Territory of Delhi Rules and said there was "some kind of wall" which distinguished Delhi from others.
"Unlike other states, if you (Delhi government) take a policy decision, then you have to intimate the Lieutenant Governor (LG). You are bound to intimate the LG, but you cannot say that the LG has to concur. This is the range," the bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said.
On the issue of concurrence, the top court said there was no need for "fundamental concurrence" of LG in every aspect and there should be "real good reason" in case of difference of opinion over the decision of government.
It said a balance needed to be maintained between the powers of the LG and the Chief Minister and the council of ministers. Every file is not required to be placed before the LG, but only those which are mentioned in the Transaction of Business rules. The bench also referred to provision 23 of the Transaction of Business rules and said in certain cases like in matters of peace and tranquility of the capital, the issue "shall essentially be submitted to the LG through the Chief Secretary and the Chief Minister before issuing any orders thereon".
The court said in case of difference of opinion with regard to a law made by Delhi assembly, the LG has the power to refer it to the President for a decision and sub-article 4 of Article 239AA provides that pending decision, the LG can pass an interim order
if necessary. agencies