Centre, Delhi government spar in Supreme Court over power

NEW DELHI: The Centre on Tuesday opposed the Aam Aadmi Party (AAP)-led Delhi government’s contention before the Supreme Court stating though Delhi has been accorded ‘special status’ among the Union territories under the Constitution, but that does not make it a state.

The Centre and the Delhi government are fighting a legal battle against each other over who has administrative powers over the national capital and whether Lieutenant Governor Anil Baijal can take unilateral decisions without being bound by the aid and advice of the elected government of Delhi.

Additional Solicitor General Maninder Singh commenced the arguments for the Centre before the five-judge constitution bench headed by Chief Justice Dipak Misra and said, “Delhi government was empowered to take care of daily utilities of the national capital but the real administrative powers were vested with the Centre and the President. What is not provided in the Constitution specifically cannot be conferred on the Union Territory of Delhi by mere interpretation of the Constitution.”

He added that the Constitution was silent on awarding co-extensive executive and legislative powers to the Delhi government.

Citing jurist H M Seervai, Singh accused the Delhi government of creating disharmony and seeking harmonious construction of the executive and legislative powers under Article 239AA of the Constitution, which deals with power and status of Delhi.

Singh also refuted the allegations of Delhi government that the Lieutenant Governor sits on the files.
Earlier in the day, Senior Advocate Shekhar Naphade wrapped up the nine-day arguments for the Delhi government and said the Lieutenant Governor can only use his discretion as per a law. For the rest, he has to follow the aid and advice of the Delhi Council of Ministers, and in case of differences, the Lieutenant Governor is authorised to remand the matter to the President.

The Delhi government has accused the Lieutenant Governor of making a mockery of democracy and said he was either taking decisions of an elected government or substituting them without having any power.
The hearing will continue today.