No action against those holding demonetised notes: Centre to SC

Blow to Arvind Kejriwal as SC says Delhi govt needs LG's approval for ruling national capital

Blow to Arvind Kejriwal as SC says Delhi govt needs LG's approval for ruling national capital

The apex court had on February 15 referred to a Constitution Bench the pleas filed by the AAP government against the high court verdict which had held that Delhi is not a state and the LG is its administrative head.

Agreeing with the apex court's prima facie observations on the issue, senior advocate Gopal Subramanium said there should be a "harmonious construction" of the legal provisions and the Constitution. You are an elected government but these are parts of law, governing Delhi.

During the hearing, Mr Subramaniam told the bench that "an elected government can not be without any power". He also said that the Lt. Governor is sitting over the files sent by the Council of Ministers and in some cases, for over a year, citing the instance the matter where the Delhi government had made a decision to increase minimum wages from Rs 9,000 to Rs 15,000. There were also some grey areas where the Delhi government had no footprints. However, the LG can not hold any file for more than a reasonable period of time. I can't take steps to stop deaths in sewers. Justice Chandrachud ruled that the LG can not sit on files for long and has to pass it forth to the President of India in case of a difference of opinion. He argued that Article 239AA could not be used by the L-G to frustrate the constitutional mandate for an elected government in Delhi. Provision (4) in the Article 239AA can not be exploited by the LG to frustrate the constitutional mandate suggested the SC adding that President should be consulted immediately in cases of difference of opinion. The L-G must exercise his functions with the aid and advice of the council of ministers, which has a collective responsibility and accountability to the people. Supposing there is a difference of opinion, you have to find what are differences of opinion.

Arvind Kejriwal government also blamed Centre for paralysing the executive functions of the demoratically elected government in Delhi through the LG.

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"Special status to Delhi has been attributed by a constitutional amendment".

Sensing where the bench was driving at, Subramanium said that the Delhi government too was raising its resources.

"Parliament's supremacy is not doubted but legislative existence needs to be accepted and both can co-exist". SC said, the LG will be the administrative head and will not be bound to advise of the council of ministers. "Then why have a government when it can't exercise its duties", Subramanium said.

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