LG has primacy in Delhi: SC

New Delhi : The Supreme Court on Thursday commenced a crucial hearing to determine whether the elected government or the Lieutenant Governor enjoys supremacy in administration of the Union Territory of Delhi, observing that the constitutional scheme was prima facie tilted in favour of LG.

The apex court said that Article 239AA of Constitution is unique with respect to Delhi and prima facie it appears that the LG is given more powers here, unlike in the other Union Territories.

A five-judge constitution bench headed by Chief Justice Dipak Misra is hearing a batch of pleas filed by the Delhi government against the high court verdict, which had held that Delhi is not a state and the LG is its administrative head.

AAP government told the apex court that its ministers have to bow down before the bureaucrats to get their opinions and, by virtue of proviso in Article 239AA, the babus do not acknowledge them as the heads of the departments.

“Article 239AA is unique to Delhi. Prima facie it appears that it gives more power to Lieutenant Governor unlike other Union Territories. LG in Delhi has the primacy under the Constitution,” the bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said.

It put several questions on Article 239AA to senior advocate Gopal Subramanium, who led the arguments for the Delhi government.

Subramanium said that LG was taking several executive decisions and a harmonious interpretation of Article 239AA is required to fulfil the constitutional mandate for a democratically elected government in Delhi.

Justice Chandrachud said that LG cannot stultify a scheme by sitting over the files instead he is bound to under Article 239AA to refer the matter to President in case of difference of opinion.