The Supreme Court on Wednesday locked its decision on an issue concerning intense debate on who holds control over the Capital’s affairs — Centre through Lieutenant Governor (L-G) or Delhi Government through its elected Chief Minister and Council of Ministers.
A five-judge Bench reserved the orders on a bunch of appeals filed by the Delhi Government questioning the validity of a Delhi High Court decision which vested the executive control over Delhi in the L-G. The marathon arguments in the case began on November 2 and took almost a month with the Constitution Bench sitting three days every week.
A battery of senior advocates led by former Solicitor General Gopal Subramanium, former Finance Minister P Chidambaram, senior advocates Rajeev Dhavan, Indira Jaising and Shekhar Naphade presented various facets of Delhi Government’s case to assert executive power over running Delhi’s affairs. With the arguments centering around the interpretation of Article 239AA that deals specifically with Delhi, the counsels submitted that Delhi has a special place under Constitution which has legislative powers coupled with executive power. Except for the subjects of law and order, police and land, the Delhi Government asserts full executive authority in running the affairs of Delhi.
For Centre, Additional Solicitor General (ASG) Maninder Singh argued that the Constitution Article 239 when read as a whole with 239AA gives exclusive executive control with the Centre and without the nod of Centre through L-G, the Delhi Government cannot single-handedly take decisions.
This due to the Proviso to Article 239AA which says that all files and proposals by departments will be forwarded to L-G who, in the event of a difference of opinion (with Delhi Government), has the right to refer the matter to the President.