SC to lay law on ambit of Lieutenant Governor
The Supreme Court agreed to lay down the law on whether the Lieutenant Governor (LG) can unilaterally administer the National Capital without being bound by the “aid and advice” of the elected government.
Background: Delhi HC Judgement
The HC had upheld the LG’s power not only over the police, land and public order but also in “services”. The judgment had effectively shrunk the Kejriwal Cabinet’s girth.
Refusal for the stay of HC’s Judgement
The Bench however, refused to stay the HC judgment, despite submissions by senior advocate and Delhi government's counsel that the verdict “affects all future governments and all future relationships between the Centre and the State.
View of Kejriwal Government
The Kejriwal government dismissed Delhi's LG as “unqualified” to administer the National Capital, a mere “employee of the Centre” and the latter half of a “master-servant relationship”.
Rather, the government elected by People in Delhi should be given chance to govern Delhi.
Accusation of Arbitrary Use of power by LG
After the HC verdict, the LG had directed the withdrawal of all Delhi government-appointed panel of advocates and senior advocates, thus handicapping its legal representation in courts.
“Even to employ a lawyer to fight our case, even filing of a complaint, the Secretary has been asked to get the LG's permission. Payments to our lawyers have been held up because he said the amounts are exorbitant…’’said Delhi Government Lawyer.
The Centre, represented by Attorney-General Mukul Rohatgi, promptly held that the AAP-led government's petitions against the High Court judgment were “incompetent” as they were filed without the prior permission of the LG.