You are here: Home » Current Affairs » News » National
Business Standard

Delhi Lt Gov should show statesmanship in dealing with elected govt: SC

"The difference of opinion (between Lt. Governor and elected government) can't be trivial," he said

IANS  |  New Delhi 

Supreme Court

The Supreme on Tuesday said that the Lt. Governor of is expected to exhibit "constitutional statesmanship" in dealing with the democratically-elected in administering the affairs of the capital.

The constitution bench headed by Chief Justice Dipak Misra said that there should be comity in the administration of the capital and the difference of opinion between the Lt. Governor and the head of the elected can't be on trivial issues.

The constitution bench also comprising Justice A.K.Sikri, Justice A.M.Khanwilkar, Justice D.Y.Chandrachud and Justice Ashok Bhushan said this as the Central told the bench that the administration of the capital - that belongs to the entire country - was in "full control of the federal government".

"There has to be comity of administration between Lt. Governor and the head of the elected - Chief Minister," said Chief Justice Misra, also underlining: "There has to be some kind of collegiality between the Lt. Governor and the elected "

"The difference of opinion (between Lt. Governor and elected government) can't be trivial," he said, but also at the same time, clarifying: "We can't lay down the areas of difference of opinion."

Taking it further, Justice Chandrachud said, "The issue of comity between the Lt. Governor and the elected has to be real and that is why the Constitution itself provides for such an arrangement between the Lt. Governor and the elected "

Pointing to different political parties ruling at the Centre and in the States, he said: "The is being exhibited by the Governors of various states across the country, particularly when the party in the power at the Centre and in the states are not the same."

The wondered what was the purpose of granting the constitutional status to the union territory, if such a statesmanship on the part of Lt. Governor is not shown.

The constitution bench is hearing a batch of petitions by the challenging the High order that held that the Lt Governor had the final authority in the governance of the capital. The Centre is defending the High verdict.

Addressing the bench, Additional Solicitor General Maninder Singh said, that for all practical purposes, the Union Territory of is centrally-administered and all powers vests with the Centre.

He said that no exclusive powers of any kind are vested in the council of ministers of the elected and such an arrangment is not in interest.

He laboured to drive home the point that the real authority in case of the capital is the Central acting through an administrator called Lt. Governor and not the elected

There is federal aspect in every matter concerning the capital and there is clear delegation of power in favour of Lt. Governor, Singh told the constitution bench raising a grouse that the was creating a "disharmony" in the wordings of the different provisions of the Constitution.

At this, the CJI said: "We will fill the disharmony".

Maninder Singh will continue his arguments on Wednesday.

 

First Published: Tue, November 28 2017. 22:41 IST
RECOMMENDED FOR YOU