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LG has no power, making mockery of democracy: Delhi govt to SC

Press Trust of India  |  New Delhi 

The today accused the Lieutenant Governor (LG) in the Supreme of making a "mockery of democracy", saying he was either taking decisions of an elected or substituting them without having any power.

A five-judge constitution bench headed by Chief Justice Dipak Misra, which is hearing pleas on who enjoys supremacy in governing the national capital, was told by the that either the President, or the Chief Minister or the Council of Ministers had the power in event of difference of opinion between the and the over an issue.


Senior advocate P Chidambaram, appearing for the Kejriwal government, referred to the provisions of statutes including the of National Capital Territory of (GNCTD) Act and the of Business of the GNCTD Rules and said, "the is required to act as per aid and advice and, in case differences, the President will decide and there is no third way. The has no power."

"But what is happening is that the Lieutenant Governor is taking decisions and substituting the decisions of the elected ..What the is doing is mockery of democracy," he told the bench, which also comprised Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan.

On the issue of referring a matter to the President, he said only those matters, which deserved to be escalated to the President, should be referred, otherwise the President will be left with the administrative issues of only.

Chidambaram then dealt with the scenario following the High verdict that had held that the was the administrative head and said, "Now, in every matter, the is saying that you are denuded of power and I will decide".

The policy decisions are the basis of an elected and interference is "fine" if any decision is "ultra-vires" of the Constitution or the Act, he said.

He also referred to the provisions of the Fire Services Act and said the vacancies in the department have to be filled by the state

"We do not have to understand the meaning of from the statute. We will go back to the Constitution," the bench said and enquired about who has been making appointments in schools run by the

It is Directorate of Education (DOE) of government, Chidambaram replied, adding that there was 10,312 posts vacant in DoE presently.

So far as the issue of transfer, posting of IAS, IPS and IFS officers are concerned, the power of central and the are already there, the senior lawyer said.

is not being allowed to do these functions with regard to other officers and staff, he said concluding his arguments.

The would resume hearing on the petitions on November 14.

Earlier, the apex had said there cannot be day-to- day impediments by in the elected government's functioning as the responsibilities conferred on him are "not absolute".

It had also observed that the position of was different from other states and the elected was under an obligation to apprise the about policy decisions.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Thu, November 09 2017. 19:48 IST
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