The court had earlier said that the Lt Governor has to be kept informed all government decisions
New Delhi:
There has to be cordial relations between the elected government of Delhi and the Lieutenant Governor and in case of a disagreement, the Central representative has to "show statesmanship", the Supreme Court said today. The court also questioned why the makers of the Constitution "elevated the Union Territory of Delhi to constitutional status" if the Centre's contention -- that all power in Delhi is vested in it -- is correct.
The tussle of power between Arvind Kejriwal's government and the Lieutenant-Governor reached the Supreme Court after the High Court ruled last year that the Centre's representative was the boss in Delhi. Questioning the verdict, the Delhi government filed an appeal in the top court in November - which is now being heard by a five-judge constitutional bench headed by Chief Justice of India Dipak Mishra.
"There has to be harmony of administration between Lieutenant Governor and the head of elected government, the Chief Minister. There has to be some kind of collegiality. The difference of opinion can't be trivial... We can't lay down the areas of difference," Chief Justice Mishra said.
Even if there is difference of opinion, the Lieutenant Governor has to show statesmanship, particularly when parties in power at the Centre and the Union Territory of Delhi are different, the top court said.
Since coming to power in 2015, the Arvind Kejriwal government has repeatedly accused the Lieutenant-Governor of encroaching on the state's powers and blocking its decisions. Mr Kejriwal has accused the LG of being a stooge of the Centre and working to hamstring the Delhi government.
The conflict had started after the NDA government took the anti-corruption unit away from the Delhi government and withdrew a concession, granted in 1999 by BJP patriarch LK Advani, which mandated the LG to consult the elected government on decisions relating to the police, public order and bureaucratic appointments.
Unlike Governor of any state, the Lieutenant Governor of Delhi has the power to disagree with the Delhi government. Earlier this month, the Supreme Court Bench said while the Lieutenant Governor has to be kept informed about all decisions of the government, there cannot be "day to day interference".
The case will be heard again tomorrow.
The tussle of power between Arvind Kejriwal's government and the Lieutenant-Governor reached the Supreme Court after the High Court ruled last year that the Centre's representative was the boss in Delhi. Questioning the verdict, the Delhi government filed an appeal in the top court in November - which is now being heard by a five-judge constitutional bench headed by Chief Justice of India Dipak Mishra.
"There has to be harmony of administration between Lieutenant Governor and the head of elected government, the Chief Minister. There has to be some kind of collegiality. The difference of opinion can't be trivial... We can't lay down the areas of difference," Chief Justice Mishra said.
Even if there is difference of opinion, the Lieutenant Governor has to show statesmanship, particularly when parties in power at the Centre and the Union Territory of Delhi are different, the top court said.
Since coming to power in 2015, the Arvind Kejriwal government has repeatedly accused the Lieutenant-Governor of encroaching on the state's powers and blocking its decisions. Mr Kejriwal has accused the LG of being a stooge of the Centre and working to hamstring the Delhi government.
The conflict had started after the NDA government took the anti-corruption unit away from the Delhi government and withdrew a concession, granted in 1999 by BJP patriarch LK Advani, which mandated the LG to consult the elected government on decisions relating to the police, public order and bureaucratic appointments.
Unlike Governor of any state, the Lieutenant Governor of Delhi has the power to disagree with the Delhi government. Earlier this month, the Supreme Court Bench said while the Lieutenant Governor has to be kept informed about all decisions of the government, there cannot be "day to day interference".
The case will be heard again tomorrow.
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