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05 November 2017, 02:08 | Kara Nash
SC to decide if LG is administrative boss of Delhi
The government said it would not act against such persons until the Supreme Court finally disposes off the matter.
During the hearing, Mr Subramaniam told the bench that "an elected government can not be without any power".
The bench commenced its hearing on a batch of special leave petitions filed by the Delhi government against a judgment of the Delhi high court which held that the L-G was the administrative head and was not bound by the aid and advice of the chief minister or council of ministers.
The city government had on February 2 told the apex court that it has exclusive executive powers in relation to matters falling within the purview of the Legislative Assembly and neither the Centre nor the President or the LG can encroach upon these.
The observation was made by a constitution bench comprising five judges as the Delhi government began its arguments on the long-standing tussle between the Centre and the state government over the exercise of administrative power in Delhi.
Subramanium cited the instances of Lt. Governor holding meeting with the officials without the presence of Ministers concerned and issuing instructions. He argued that Article 239AA could not be used by the L-G to frustrate the constitutional mandate for an elected government in Delhi.
The high court emphasized the administrative capacity of the L-G, while ruling that Delhi continues to be a union territory under the Transaction of Business Rules despite Article 239 AA of the Constitution making some special provisions with respect to Delhi.
The bench reiterated that the Delhi government can take decisions on subjects other than "public order, police and land".
The hearing by the two judge bench on Delhi government's appeals had seen the court favouring a balance in the exercise of powers by the Delhi government and the Lt. Governor for good governance.
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