With the Supreme Court soon set to adjudicate the raging turf war between the Delhi government and the Centre, chief minister Arvind Kejriwal's lawyers will submit before a constitution bench that the lieutenant governor is only a figurative head who is bound to act only as per advice of the CM-led council of ministers.

The Kejriwal government has challenged the August 4, 2016 judgment of the Delhi High Court that declared the L-G as the "administrative head" and ruled that he is not bound by the aid and advice of the council of ministers, and enjoyed discretion in this regard.

The AAP government has roped in top legal eagles Gopal Subramaniam, Indira Jaising, Rajeev Dhavan and P Chidambaram to represent them in the apex court.

The SC hearing will take place at a time when fresh friction has risen between the Delhi government and the Centre over non-clearance of files for construction of more mohalla clinics and Metro fare hike.

THE ARGUMENT

"Delhi High Court has erroneously concluded that Lieutenant Governor of Delhi is not bound by the aid and advice of the council of ministers. This is against the basic features of the Constitution. It defeats the basic intent behind the 69th Constitutional amendment," government sources said when asked about what the line of argument would be.

In 1991, the parliament, through the 69th Amendment incorporated an Article 239AA (Special Provisions with respect to Delhi) into the constitution.

It conferred the right upon the people of the NCT of Delhi to elect their own legislature and government to make laws under certain entries of the state list of the seventh schedule of the Constitution and execute these laws respectively.

It stated that the Legislative Assembly of the NCT of Delhi "shall have power to make laws for the whole or any part of the NCT with respect to any of the matters enumerated on the state list, except matters with respect to public order, police and land".

The city government is seeking a judicial declaration on the boundaries of the constitutional relationship between the Delhi government and the Centre, in administering the national Capital.

The government's petition also highlights problems faced in day-to-day administration of law and order as Delhi Police are run by the Centre, unlike in other states.

"Article 239AA underscores the accountability of the executive to the legislature, which is the essence of representative democracy. The accountability can be discharged by the executive only if it enjoys the power to execute the decisions of the legislature," the government will tell the apex court.

The power to execute the decisions of the legislature should be complete and not subject to the decisions of another authority which is not accountable to the legislature.

The laws and the budget passed by the Assembly need to be implemented in full, without any let or hindrance which requires complete powers to be vested in the council of ministers. This is the simple meaning of these key provisions in the Constitution relating to Delhi," said the government.

AAP govt in Delhi to tell Supreme Court L-G just a symbolic head

The Kejriwal government plans to tell SC that Delhi HC erroneously concluded that L-G is the administrative head and he is not bound by the aid and advice of council of ministers.