LG can 'object', not 'interfere' in elected govt's decisions: Constitution Bench
NEW DELHI: The five-judge Constitution bench of the Supreme Court on Wednesday observed in its verdict that the Lieutenant Governor of Delhi can "object" in any decision of the elected government, but cannot "interfere" in every decision.
Chief Justice Dipak Misra, in the 535-page judgment, noted, "The words 'any matter' employed in the proviso to Clause (4) of Article 239AA cannot be inferred to mean 'every matter'.
"The power of the Lieutenant Governor under the said proviso represents the exception and not the general rule which has to be exercised in exceptional circumstances by the Lieutenant Governor keeping in mind the standards of constitutional trust."
However, the bench also categorically said neither the LG nor the Chief Minister "should feel superior to the other", stating, "Authorities in power should constantly remind themselves that they are constitutional functionaries and they have the responsibility to ensure that the fundamental purpose of administration is the welfare of the people in an ethical manner. There is a requirement of discussion and deliberation."
Bashing the anarchist attitude of the ruling Aam Aadmi Part, the bench observed, "Sometimes, it is argued, though, in a different context, that one can be a 'rational anarchist', but the said term has no entry in the field of constitutional governance and rule of law."
The bench also explained that "if there is any difference in opinion between the elected government and the LG, then the latter should try to resolve it through dialogue" and if it fails only then "a reference to the President is contemplated by the rules.
"Only when the above modalities fail to yield a solution, the matter may be escalated to the President," the bench noted.
The bench also elaborated the meaning of Article 239AA, and observed, "The proviso to Article 239AA is in the nature of a protector to safeguard the interests of the Union on matters of national interest in relation to the affairs of the National Capital Territory of Delhi. Every trivial difference does not fall under the proviso.
"The proviso will, among other things, encompass substantial issues of finance and policy which impact upon the status of the national Capital or implicate vital interests of the Union."
The bench highlighted that for Delhi, the elected government should get the priority.
The verdict noted, "The Legislative Assembly of the NCT of Delhi being representing the views of elected representatives, their opinion and decisions have to be respected in all cases, except where LG decides to make a reference to the President."
It further observed that constitutional rights should be followed by every authority. "From persons holding high office, it is expected that they shall conduct themselves in the faithful discharge of their duties so as to ensure the smooth running of administration so that rights of all can be protected."
Various parties hailed as a "big victory" for democracy the verdict of the SC laying broad parameters for governance in Delhi, and hoped the bitter power tussle between the Centre and the state government would end and better governance delivered to people.
