The lt. governor is the administrator of Delhi and every file has to go through him, the central government told the Delhi High Court on Thursday during the hearing on a bunch of pleas over the lt. governor's powers on governance in the city.
A division bench of Chief Justice G. Rohini and Justice Jayant Nath was further informed by Additional Solicitor Genral (ASG) Sanjay Jain appearing for central government that the kt. governor is the executive head of the state.
Terming Delhi a centrally-administered capital, he said the chief minister and his council has to aid and advise the lt. governor, if there is a difference.
"In relation to Delhi, whatever the council of minister decide that has to rotate through the lt. governor. There is no other option.
"As per article 239 AA (4) of constitution of India and transaction of business rules, every file has to go through the lt.governor. In relation to Delhi, the administrator is the lt. governor and centre has to perform special role," Jain told the bench, explaining that government has to forward its every file/decision to the lt.governor and its upon the latter to agree or disagree on the issue.
The court was hearing a bunch of pleas arising out of spat between the lt. governor and the Delhi government.
In one of its pleas, the Delhi government challenged the May 21 notification of the central government giving the lt. governor absolute powers to appoint bureaucrats to various posts in the Delhi government and barring the Anti-Corruption Bureau from proceeding against any staff under the central government's control.
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