The Supreme Court on Tuesday apparently agreed to the Delhi government's plea that there should be a harmonious construction of the constitutional principles to allow it to function with no requirement for the chief minister to seek concurrence from the Lt Governor (L-G) on every trivial issue.
The apex court, however, said the chief minister is bound to take the L-G on board for every policy decision.
A five-judge bench presided over by Chief Justice Dipak Misra said there was no need for "fundamental concurrence" of L-G in every aspect and there should be "real good reason" in case of difference of opinion, requiring the L-G to send the file to the President.
It said a balance needed to be maintained between the powers of the L-G and the chief minister and the council of ministers.
Every file is not required to be placed before the L-G, but only those which are mentioned in the Transaction of Business rules, the bench said.
The bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, however, pointed out that position of Delhi is different from other states and the elected government is under an obligation to apprise the L-G about policy decisions.
Hearing Delhi's plea against the high court judgement, holding the L-G to be the administraive head of the National Capital Territory, the bench cited provisions of the Constitution's Article 239AA, the Government of National Capital Territory of Delhi Act and the Transaction of Business of the Government of National Capital Territory of Delhi Rules and said there was "some kind of wall" which distinguished Delhi from others.
"You are bound to intimate the L-G, but you cannot say that the L-G has to concur. This is the range," the bench told senior advocate Gopal Subramanium, who argued on behalf of the Aam Aadmi Party government.