Supreme Court denies full statehood to Delhi, but asks Lt Governor to cooperate with AAP govt

The Supreme Court on Wednesday said that theLieutenant Governor of Delhi (L-G) does not have the authority to act independently and is bound to act on the advice of the ministers.

The ruling was given by Chief Justice of India (CJI) Dipak Misra during a hearing on the power tussle between the Delhi government and the Centre over the administrative control of the national capital. CJI Misra further said in the judgement that Delhi does not have "powers of a full state", it is a "class apart".

In three separate but concurring judgements, the bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said there is no independent authority vested with the L-G to take independent decisions.

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It said all decisions of the Council of Ministers, who are elected representatives of the people of Delhi, must be communicated to the L-G but that does not mean his concurrence is required.

"There is no room for absolutism and there is no room for anarchism also," the court ruled.

The judgement pronounced in the court by Chief Justice Dipak Misra, who was heading the five-judge Constitution bench, also held that the LG cannot act as an "obstructionist".

He said, "Union and State government must cooperate. Union and state government should work together".

CJI Misraadded, "Legitimate decisions by the governmentcannot be delayed by the L-G. Union must not usurp the power of the legislature".

The Constitution of India mandates a "federal balance between the state and the Centre", the CJI said, adding,"the Centre shall not usurp powers on areas within the dominion of state."

"A big victory for the people of Delhi...A big victory for democracy...," Delhi Chief Minister Arvind Kejriwal tweeted minutes after the verdict.

The Supreme Court said that except for three issues, including land and law and order, the Delhi government has the power to legislate and govern on other issues.

It was ruling on a batch of appeals filed by Kejriwal's government challenging the Delhi High Court's order holding the L-G as the administrative head of the national capital.

Virtually disagreeing with the High Court order, the Supreme Court said the LG should not act in a mechanical manner and stall the decisions of the Council of Ministers.

It said the LG has not been entrusted with independent powers and he can refer issues on difference of opinion to the President only in exceptional matters and not as a general rule.