Decisions of Delhi govt will not require L-G's concurrence: SC

NEW DELHI: The Lieutenant Governor does not have independent decision-making powers in Delhi, and the real power must lie with the elected government, the Supreme Court ruled on Wednesday in a morale-boosting legal victory for Arvind Kejriwal's Aam Aadmi Party (AAP) in the long-running fight over who's the boss in the national capital. "The states should enjoy freedom without unsolicited interference from the Centre...popular will cannot be allowed to lose its purpose," the court said, asserting that the Lt Governor must not be an obstructionist. The top court also added: "there is no room for absolutism and there is no room for anarchism also."

In that observation lies a cautionary note for Kejriwal, a regular practitioner of dharnas or protests - the most recent was convened last month on the Lieutenant Governor's sofa and lasted nine days - who is often accused by critics and opponents of resorting to sit-ins when he does not get his way.

"The cabinet must convey all decisions to the Lieutenant Governor, but his concurrence is not required in all matters," the court said, making it clear that the Lt Governor is not the boss.

The top court made it clear that except for anything related to land, police and public order, the Lt Governor has no independent decision-making powers under the constitution.

"The Lt Governor is an administrator in a limited sense and is not the Governor. He is bound by the advice of cabinet advice in matters other than those exempted," the court said.

Reading out the verdict, Chief Justice of India Dipak Misra said the Lt Governor needs to work harmoniously with the Delhi government.

In 2016, AAP went to the Supreme Court against the High Court's order that the Lt Governor is the administrative boss of Delhi. The top court, disagreeing with the high court on Wednesday, said the Lt Governor "should not act mechanically and stall decisions of the Delhi cabinet".

Supreme Court's landmark ruling comes after Kejriwal spent nine days protesting in a visitors' room at the Lt Governor Anil Baijal's house to get his attention.

AAP wanted Baijal to step in and end an officers' boycott that started after Delhi's top bureaucrat, Chief Secretary Anshu Prakash, alleged in February that AAP lawmakers had attacked him at a late night meeting at Kejriwal's home.

"A big victory for people of Delhi", said a relieved Delhi chief minister Arvind Kejriwal, after the apex court verdict. See inside