Centre, LG can't encroach upon executive powers: AAP govt to SC

New Delhi: The Delhi Government has exclusive executive powers in relation to matters falling within the purview of Legislative Assembly and neither the Centre nor the President or the Lieutenant Governor (LG) can encroach upon these, the Supreme Court was today told.

A bench of Justices A K Sikri and R K Agarwal said that it is correct that the elected government should have some powers but whether it will be as per the Delhi High Court verdict or as it is being perceived by the Delhi government.

"We need to first look into this issue. We have to analyse the powers of the LG as to how much power he has and what are his powers," the bench said.

Senior advocate Gopal Subramaniam, appearing for Aam Aadmi Party (AAP) government, said that the Government of National Capital Territory of Delhi (GNCTD) except for public order, land and police possesses exclusive powers in relation to all other entries in state and concurrent lists and neither the central government nor the President or the LG has any role or power with regard to all other matters.

He said that council of ministers are "subservient" to the Constitution, to the GNCTD ACT but certainly they are not subservient to the authority which is not contemplated in the Constitution.

"We are seeking only the special status as contemplated under Article 239AA of the Constitution. It's a narrow issue but requires interpretation. We need to see what are the limitation and amplitude of the LG's power under the Article 239AA," Subramaniam said during the day-long hearing.

He said that the Constitution has given a face and identity to a government in Delhi after the inclusion of Article 239AA and the executive decisions taken and implemented by it cannot be reversed by the LG.

"The central government says that since Delhi is a Union Territory, it can exercise executive powers here but this was not the scheme of things which was contemplated in the Constitution," Subramaniam said.

He said that the LG cannot exercise its power with respect to services as it does not fall under the purview of the Centre under the state list.

"The stand of the Union of India is that you (the Delhi government) do not have executive powers and your aid and advice is not binding on the LG. The Centre says the LG can use his discretion in case of difference of opinion and refer the matter to the President/Centre," Subramaniam said, adding, "This is complete mutilation of Article 239AA."