"The capital of a country always has a sui generis (unique) position," the centre said
The Centre on Wednesday told the Supreme Court the perception that the Lieutenant Governor does everything in the national capital and the AAP government is a "symbolic figure" is wrong.
Advancing arguments before a five-judge Constitution bench headed by Chief Justice D Y Chandrachud, which was hearing the Centre-Delhi government row over control of services, Solicitor General Tushar Mehta submitted the constitutional structure came into force in 1992 (when Article 239AA containing special provisions with respect to Delhi was inserted in the Constitution) and everything was moving in harmony.
The law officer said right from 1992 till date, only seven matters have been referred to the president citing differences.
"The capital of a country always has a sui generis (unique) position. I agree that collective principle must be respected. I must point out is that we're dealing with a matter of perception and not Constitutional law," Mehta told the bench, also comprising Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha.
Referring to a Supreme Court judgment, Mehta said Article 239AA (Special provisions with respect to Delhi) also applies to Delhi.
"How will your Lordships decide whether the secretaries are acting as per directions of ministers? Annual Reports- ACRs. The person writing the Annual Confidential Report is CM. The power is given to the council of ministers. The LG has no role," he said.
Mehta said whenever the ministers approach LG saying transfer this man from here, they can and he always listens.
"We are dealing with a perception, not a real issue. Nothing can be a better proof than the fact that only in seven cases there have been difference of opinion.
"People in Delhi have reposed faith in the GNCTD. Delhi is a part of the country. The scheme has functioned since 1992, harmoniously functioned," he said.
The hearing will continue on Thursday.
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