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, Arvind Kejriwal
government asked the Supreme Court
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 National
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 Delhi Government
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'. Delhi Government
said that Anil Baijal was either taking decisions of an elected government or substituting them without having any power.