LG must be told of decisions, but he can’t stall work: Supreme Court

The Supreme Court on Tuesday said that the Delhi government must communicate all decisions taken to the LG but he cannot hold up governance on the ground that he does not concur with these decisions. Concurrence is not a must except in areas which are delineated for the central government, a five-judge bench led by CJI Dipak Misra said.

Today was the second day of arguments by the Delhi government on the bitter row between the state government and the Centre over powers to govern Delhi, which culminated with the AAP government moving the High Court.

The High Court ruled against the Delhi government, prompting it to come in appeal to the top court. In its remarks, the top court has clearly given a warning to both sides to back off and make the existing legislative scheme work.

The court has said that though the power balance in the scheme of things seemed tilted in the LG’s favour, governance cannot be made a casualty.

“… it shall be the duty and obligation of the CM and his Council of Ministers to communicate all decisions to the LG though every such decision might not warrant his concurrence…,” the court observed.

The court remarks came during arguments by senior advocate Gopal Subramanium who argued that though the LG was supposed to be bound by the aid and advice of the Council of Ministers he seemed to have assumed overriding powers.

“… once the government takes a decision it is duty-bound to communicate the decision to the LG. This is the working envisaged by Parliament. This can’t be construed as interference, though every decision might not warrant concurrence,” the CJI remarked. “You can take executive action in areas where you have legislative powers.”