AAP Government Vs LG: SC Says Delhi Not A State, LG Can’t Act Independently

The Supreme Court has delivered its verdict on the power tussle between the Delhi Government and the Lieutenant Governor (LG).

While delivering the verdict, Chief Justice of India Deepak Misra has said that the National Capital Territory cannot be termed a ‘State’, The Hindu has reported.

LG’s concurrence is not mandatory, said the top court while delivering a majority judgement. It is further reported that the apex court said that the Delhi government has to only communicate its decisions to the Lieutenant Governor.

The CJI is also reported to have said that the LG cannot refer every matter to the President without applying his mind.

“Collective responsibility means government speaks in one voice to the people whose aspirations the government reflects. Real authority to take decisions lies in the elected government. This is the meaning of 'aid and advice'. Titular head has to act in accordance to aid and advice”, Justice D Y Chandrachud is reported to have said.

“The difference of opinion between the Lieutenant Governor and the NCT government should not be contrived but substantive. The L-G should remember that it is not he but the elected govt who has substantive powers” he added.

“The LG is bound by the aid and advice of the NCT government in areas other than those exempted,” the CJI has said, according to the report. Exempted areas include land, police and public order.

A five-judge constitutional bench of the Supreme Court comprising CJI Misra, Justices A K Sikri, Chandrachud, A M Khanwilkar and Ashok Bhushan heard the petition by Aam Aadmi Party (AAP) government last December.

Ever since the AAP has come to power, it has been at loggerheads with the LG.

The Delhi High Court had declared the LG as the ‘administrative head’. The AAP government had challenged this in the apex court.