The Delhi High Court today termed as "without substance" the contention of the AAP government that the LG is bound to act only on the aid and advice of the Chief Minister and his Council of Ministers with regard to making laws by the Legislative Assembly under the Article 239AA of the Constitution.
Giving primacy to the concurrence of LG in transaction of legislative business, the high court said that every decision taken by the Council of Ministers "shall be communicated to the LG for his views".
"It is mandatory under the constitutional scheme to communicate the decision of the Council of Ministers to the LG even in relation to the matters in respect of which power to make laws has been conferred on the Legislative Assembly of NCT of Delhi under clause (3)(a) of Article 239AA of the Constitution and an order thereon can be issued only where the LG does not take a different view"," a bench headed by Chief Justice G Rohini said.
It rejected the contention of the Delhi government that since the national capital is being governed by democratically elected government, the LG is bound by the aid and advice of the Council of Ministers.
The high court said the "discretion", with regard to executive powers of the LG of NCT of Delhi, is wider than the discretion that may be exercised by the Governor of a state under Article 163(1) of the Constitution.
"In other words, the power of the Lt. Governor to act in his discretion is not confined to the Constitution merely. The Lt. Governor while exercising such powers and discharging such functions which any law requires to be done in his discretion acts on his own judgment without seeking aid and advice of the Council of Ministers.
"Further, the proviso to Article 239AA(4) enables the Lt. Governor in case of difference of opinion to refer the matter to the President for decision and act according to the decision given thereon by the President. Pending such decision of the President, the Lt. Governor is empowered to take such action or to give such direction if in his opinion the matter is so urgent that it is necessary for him to take immediate action," the bench said.
