Legal experts unequivocally hail SC verdict on Delhi-Centre row

Legal experts were unequivocal in hailing the Supreme Court's historic judgment which ruled that the Lieutenant Governor (LG) has no independent power to take decisions, saying it has unfolded the objective of election and the power of the elected representatives.

While former Attorney General Soli Sorabjee rued that daily squabbles between the LG and the Chief Minister were not good for democracy, senior advocate Rakesh Dwivedi hailed the verdict saying it unfolded the objective of election that governance should be carried out through people's representatives.

"It's a good verdict by the Supreme Court. The LG and Delhi Government have to work harmoniously. They can't always have confrontation. Daily squabbles are not good for democracy. I welcome the decision," Sorabjee said.

 

A five-judge constitution bench, in an unanimous verdict, held that though Delhi cannot be accorded the status of a state, the LG has no independent decision making power and has to act on the aid and advice of the elected government.

Senior lawyer and Congress Rajya Sabha MP KTS Tulsi termed the verdict as the strongest indictment of the central government and expressed hope that it will end the "sad chapter of confrontation" between Delhi government and the LG that had led to a situation where the city dispensation was not allowed to perform.

"Strongest indictment of the central government being not having permitted the state to function, the government of Delhi to function even in areas which are not reserved. The LG was entirely wrong in not abiding by the decisions of the cabinet even in areas other than the reserved subjects," he said.

Senior advocate Rakesh Dwivedi said the judgement has expanded the scope of democracy in union territories (UTs) as well.

"It's a very good judgement. It expands democracy in the union territory field. After elections are held in two UTs -- Delhi and Puducherry, the people's voice should have a meaning. The whole objective of elections is that governance should be conducted through people's representatives. That idea has been unfolded. The LG's interference was inappropriate and unconstitutional.

"I hope it will be welcomed by all as it has drawn the lines very carefully and clearly and will be good if in future the government, the LG falls in line with the judgement," Dwivedi said.

Senior lawyer and Supreme Court Bar Association President Vikas Singh said the cabinet decisions should be respected by the LG as the representatives are elected by the people.

"LG and council of ministers should act in harmony. They are elected by people. So whatever Cabinet decides should be respected by the LG. The controversy has been cleared by the Supreme Court," Singh said.

The judgement laid down broad parameters for the governance of the national capital, which has witnessed a bitter power tussle between the Centre and Delhi government since the Aam Aadmi Party government came to power in 2014.

There were two LGs -- incumbent Anil Baijal and his predecessor Najeeb Jung -- with whom Chief Minister Arvind Kejriwal was on loggerheads, accusing both of them of preventing the functioning of his government at the behest of the Centre.