Supreme Court verdict on who runs Delhi - chief minister Arvind Kejriwal or Lt Governor Anil BaijalNew Delhi: The Lieutenant Governor must not be obstructionist and must act harmoniously with the Delhi government, the Supreme Court ruled today, in a big win for Arvind Kejriwal's Aam Aam Aadmi Party (AAP) in the tussle for control over the national capital.The state should enjoy freedom from unsolicited interference and popular will cannot be allowed to lose its purpose, the court said, asserting that "real power lies with the elected government of Delhi"."The cabinet must convey all decisions to the Lieutenant Governor but his concurrence is not required in all matters," said the Chief Justice of India, Dipak Misra, reading out a judgement that the AAP has described as a "victory for democracy".Under the Constitution and the law, the Delhi government does not have any control in matters of land, bureaucracy and the police.
For everything else, the constitution says the Lt Governor has to be guided by the aid and advice of the elected government - as is the case in all states.
The top court agreed, making it clear that except for matters related to land, police and public order, the Lt Governor has no independent decision-making powers under the constitution."The Lieutenant Governor hasn't been entrusted with independent decision making power.
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.The court also said the Lt Governor and the council of ministers must attempt to settle any matter by discussion.The relationship between Centre and the state government should be healthy, Chief Justice Misra said, pronouncing the verdict on the long-running power tussle between the AAP government and the Lieutenant Governor, who represents the central government in Delhi.AAP had accused the Lt Governor of abusing his powers and blocking decisions taken by the Delhi government.Within months of the AAP taking power in Delhi in 2015, the BJP-led central government took the anti-corruption unit away from the state government.
The centre also withdrew a 1998 concession granted by BJP patriarch LK Advani, which required the LG to consult the elected government on every decision relating to police, public order and bureaucratic appointments.These decisions were the starting point of the tussle for power.
Mr Kejriwal and AAP The Chief Minister accuses the Lieutenant Governor of acting as a stooge of Prime Minister Narendra Modi's government and blocking all important decisions taken by his government for political reasons.
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