The apex court on Wednesday will pronounce its judgement on a batch of petitions filed by the Arvind Kejriwal government questioning the overriding powers of the Lt Governor of Delhi under Article 239 AA of the Constitution. A five-judge constitution bench will pronounce its verdict on the vexed question of who should have a power in governing the National Capital Territory.
Earlier, a five-judge Constitution bench headed by the Chief Justice Dipak Mishra had reserved verdict last year on December 6 on the petitions, which contended that the Lt Governor could not claim absolute executive powers in the administration of the Union Territory.
Arvind Kejriwal-led AAP government argued that the Lieutenant Governor (L-G) had created a situation that no bureaucrat is obeying Delhi Chief Ministers and other Ministers directions. The Lt Governor, it said was holding meetings separately with officials without Ministers which was against the democratic governance of an elected government.
According to Deccan Chronicle reports, the court heard arguments 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 of the capital and was not bound by the aid and advice of the Chief Minister or council of Ministers.
The Delhi High Court also held that the then L-G, Najeeb Jung was Delhi's administrative head and all decisions will have to be taken with his consent and concurrence. After finding out this, the Kejriwal government had said the HC judgement subverted the democratic governance structure put by a constitutional arrangement, which recognises Delhi’s special powers despite being a Union Territory. It also argued that Article 239 AA could not be used by the Lt Governor to frustrate the constitutional mandate for an elected government in Delhi, reports.
However, the Supreme Court will today pronounce who will be going to rule on national capital Delhi. L-G or Kejriwal government.