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Is Delhi the capital of India? Kejriwal govt asks in Supreme Court

During the hearing of pleas on who has the power to govern Delhi, Arvind Kejriwal government posed this question to Supreme Court on Tuesday

BS Web Team 

AAP, Arvind, Kejriwal
Arvind Kejriwal

Has the Constitution of India or any law declared Delhi as the capital of India? 

During the hearing of pleas on who has the power to govern Delhi, government asked the on Tuesday, repor Times of India

Senior advocate Indira Jaising was representing Delhi while a bench constituted by Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandradhud and Ashok Bhushan was hearing the case. 

"Capital is not defined by any law. Tomorrow, the Centre can decide to move the capital to somewhere else. The Constitution also does not say the capital is to be Delhi. We know that the British moved the capital from Calcutta to Delhi," Jaising told, according to a report in TOI

Though there is a  Capital Territory of Delhi Act it does not constitute Delhi as the capital of India, Jaising said while arguing for the executive power in specific areas. 

However, the bench did not comment on this issue.

Jaising argued that the should have unhindered executive power in the field of social welfare subjects like women's welfare, employment, education, sanitation and healthcare. 

"Everything boils down to day-to-day administration. How can the Centre say that you (Delhi government) cannot have the executive power? I can understand this position on legislative powers," Jaising said, according to a report in Times Now

The bench said, "All states have to work in cooperation with the Centre. No legislation indicated the vertical division of executive power," TOI reported.  
Earlier, the Kejriwal government had accused the LG of making a 'mockery of democracy'.  said that Anil Baijal was either taking decisions of an elected government or substituting them without having any power.

First Published: Wed, November 15 2017. 12:36 IST