L-G is Delhi boss, not CM, says high court

In the ongoing power tussle in the national capital, the Lieutenant Governor and not the chief minister is the boss.

This is the categorical message the Delhi High Court on Thursday gave while ruling that Delhi continued to remain a Union Territory with the Lieutenant Governor as its administrative head.

Even after Delhi being assigned special powers under the Constitution, the Lieutenant Governor enjoys wider discretion than the governor of a state, the court held.

The Lieutenant Governor is also not bound to act only on the aid and advice of the Council of Ministers, it said.

Consequently, the judgement termed as invalid the series of orders passed by the Aam Aadmi Party government for appointment of bureaucrats, the Commission of Inquiry into CNG fitness scam and Delhi, and irregularities in the District Cricket Association and the appointment of government's nominee to the board of three power distribution companies.

However, the High Court circumscribed the Lieutenant Governor’s power to appoint a special public prosecutor, saying it can be done only on the aid and advice of the Council of Ministers.

“The contention of the Government of NCT of Delhi that the Lt Governor of NCT of Delhi is bound to act only on the aid and advice of the Council of Ministers in relation to the matters in respect of which the power to make laws has been conferred on the Legislative Assembly of NCT of Delhi under clause (3)(a) of Article 239AA of the Constitution is without substance and cannot be accepted,” said a bench of Chief Justice G Rohini and Justice Jayant Nath.

The verdict has dealt a major blow the government led by Arvind Kejriwal, which remained constantly engaged in power struggle with Lieutenant Governor Najeeb Jung since it assumed office in February 2015.

The government is likely to approach the Supreme Court challenging the verdict.

Ruling on a batch of petitions filed by the Delhi government, the Centre and others, the court interpreted the Constitutional provisions as well as those of the Government of National Capital Territory of Delhi Act, 1991, and the Transaction of Business of the Government of NCT of Delhi Rules, 1993. It held that in cases of differences of opinion between the NCT government and the LG, the reference has to be made to the Central government.

The court also upheld the legal validity of a notification issued by the Centre on July 23, 2014, and May 21, 2015, that the Anti-Corruption Branch Police Station would not take any cognizance of offences against officers, employees and functionaries of the Central government.

“It is in accordance with the constitutional scheme and warrants no interference since the power is traceable to Entry 2 (Police) of List II of the Seventh Schedule to the Constitution in respect of which the Legislative Assembly of NCTD has no power to make laws,” the bench said.

The court also found as illegal and unconstitutional the AAP government’s popular policy decision directing to pay compensation to electricity consumers for disruption in power supply as it was taken without prior communication to the Lieutenant Governor.