The AAP government told the Supreme Court on Monday that it was facing a governance crisis ever since the high court ruled that the LG had primacy in administration, as Delhi officers were “increasingly reluctant“ to report to ministers.
Appearing for Delhi government, former solicitor general Gopal Subramaniam requested a bench headed by Chief Justice T S Thakur to expeditiously decide the status of Delhi under the Constitution’s federal scheme -is it a state, Union Territory or a hybrid?
The bench will hear the appeal on Friday .
With this, the battle between the AAP government and the Centre has reached the final stage.
The Supreme Court will now settle the matter relating to powers of both parties.
The AAP government said the HC erred in characterising Delhi as a UT without due regard to the democratic rights of Delhiites. Subramaniam wondered if the Delhi government had power to legislate, despite the NCT of Delhi having an assembly, on any subject when the reins of governance were entrusted solely with the LG and in turn with the Centre.
The Arvind Kejriwal government told the court that the HC’s finding that the LG was not bound by the aid and advice of the council of ministers headed by the chief minister was unsustainable in view of the constitutional provisions in Article 239AA, which categorically provided that LG “shall act on the aid and advice of the council of ministers in respect of matters for which the legislative assembly of Delhi has the powers to make laws“.
prabhat khabar epaper 06/09/2016 : http://epaper.prabhatkhabar.com