LG should not differ routinely with Council of Ministers, says SC

The Lieutenant Governor should not differ routinely with the decision of Council of Ministers and the difference of opinion should be based on cogent and strong reasons, the Supreme Court said Thursday.

Giving a split verdict on the contentious issue of who should control administrative services in a case pertaining to long-running conflict between the Narendra Modi government at the Centre and the AAP government in the national capital, the top court said that LG is empowered to form its opinion 'on any matter' which may be different from the decision taken by the ministers.

"Any matter does not mean each and 'every matter' or 'every trifling matter' but only those rare and exceptional matters where the difference is so fundamental to the governance of the Union Territory that it deserved to be escalated to the President," said a bench of Justices A K Sikri and Ashok Bhushan.

The top court, however, said there may be contingencies where LG and his ministers may differ and in such circumstances, LG is supposed to refer the matter to the President for decision and act according to the decision given thereon him.

"It means that final say, in case of different between LG and Council of Ministers, is that of the President. Such a scheme of things clearly contemplates that the Council of Ministers is supposed to convey its decisions to the LG to enable the LG to form his view thereupon. The decision cannot be implemented without referring the same to the LG in the first instance," the bench said.

The apex court said that the LG is expected to honour the wisdom of the council of ministers and expected to clear the files expeditiously and is not supposed to sit over it unduly.

"He's under duty to bear in mind expediency and urgency of the subject matter of the decisions taken by the GNCTD, where ever situation so demands. That in fact is the facet of good governance. Likewise , the executive is also expected to give due deference to the unique nature of the role assigned to the LG in the Constitutional scheme," it said.

"By and large, it demands a mutual respect between the two organs. Both should realise that they are here to serve the people of National Capital Territory of Delhi. Mutual cooperation, thus, becomes essential for the effective working of the system," the bench said.

After the difference of opinion on the issue of control of services, the bench dictated the order and said the matter needs to be referred to a larger bench and views expressed by both the judges should be placed before the CJI for constitution of an appropriate bench.