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L-G vs AAP dispute: Key takeaways from SC verdict on who's boss

The AAP state government in Delhi and the Centre have been in a power struggle since the party was elected in 2015.

July 04, 2018 / 15:32 IST
Rank 1| India (Image: Reuters)

Rank 1| India (Image: Reuters)


Moneycontrol News

In a victory for Aam Aadmi Party (AAP), the Supreme Court on July 4 restored powers of the Delhi government and limited the authority of the Lieutenant Governor (L-G).

The five-judge bench that delivered the verdict was led by Chief Justice Dipak Misra. Justices AK Sikri, AM Khanwilkar, D Chandrachud and A Bhushan were other Supreme Court judges on the bench.

AAP had challenged a 2016 Delhi High Court verdict making the L-G the administrative head of the state.

Here are the key takeaways from the verdict:

  1. The L-G's concurrence is not required in every decision made by the elected Delhi government.
  2. The state has powers in all areas, except land, public order and police.
  3. The LG is bound by the advice and aid of the elected council of ministers.
  4. The Council of ministers still need to communicate their decisions to the LG.
  5. The National Capital Territory (NCT) of Delhi does not have full statehood.
  6. The LG Governor must not be obstructionist.
  7. The state government and LG must have a healthy relationship and solve disputes amicably.
  8. The LG cannot act in a mechanical manner by transferring all matters to the President.
  9. In a separate but concurring judgment, Justice Chandrachud said the real authority to make decisions lies with the elected government, and the titular head has to act on the advice of the elected officials.
  10. "LG is an administrative head in the limited sense, and is not a Governor." the judgment said.
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Moneycontrol News
first published: Jul 4, 2018 12:41 pm

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