Centre to SC: 'Delhi is union territory, AAP cannot claim privileges of state government'

The Centre told a Supreme Court bench headed by CJI Dipak Mishra Tuesday that "Delhi is aUnion Territory and the AAP government cannot claim privileges of a state government".

This comes in the wake of the Kejriwal government telling the Supreme Court that the"Constitution does not say the capital is to be Delhi".

Ever since Kejriwal-headed AAP came to power in Delhi, the chief minister has raised the issue of full statehood for Delhi.

In a hearing, senior advocateIndira Jaising said: “Capital is not defined by any law. Tomorrow, the Centre can decide to move the capital to somewhere else. The Constitution also does not say the capital is to be Delhi. We know that the British moved the capital from Calcutta to Delhi. There is National Capital Territory of Delhi Act but it does not constitute Delhi as the capital of India."

“I am not claiming that Delhi is a state as it has an assembly and a council of ministers headed by the chief minister. But like the executive powers of the states and the Centre are defined and made exclusive, a similar solution needs to be found for Delhi,” Jaising added.

The Supreme Court refused to get into the argument and did not reply.

Last week, India's top court had said the position of Delhi is "different from other states" and the elected government is under an "obligation" to apprise the Lieutenant Governor about policy decisions.

India's highest court had informed the Kejriwal-led government that a "balance" needed to be maintained between the powers of the Lieutenant Governor (LG) of Delhi, chief minister and council of ministers.