Who's in charge in Delhi? LG or Chief Minister: Supreme Court likely to decide today

NEW DELHI: The Supreme Court is likely to decide on Tuesday whether a Chief Minister accountable to a democratically elected assembly and the people or the President's nominee Lt Governor was the primary authority to govern the national capital.

During the November 17 hearing, the Delhi government claimed that the lieutenant governor cannot govern Delhi, has no role in the affairs of the national capital. It is only the council of ministers, headed by the chief minister, which can govern, it said.

Senior counsel Rajiv Dhavan, appearing on behalf of Arvind Kejriwal-led Delhi government, had urged the a Constitution Bench comprising Chief Justice Dipak Misra, Justice AK Sikri, Justice AM Khanwilkar, Justice DY Chandrachud, and Justice Ashok Bhushan to decide which is the primary authority -- one that is directly elected or the Lt Governor.

The apex court had said that Delhi’s lieutenant governor has more power than the governor of a state as he does not have to act on the aid and advice of the council of ministers all the time.

The SC bench comprising justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan said land, police and public orders fall in the domain of the Centre and the Delhi Assembly cannot make laws with regard to these subject. Senior advocate Rajeev Dhawan, appearing for the Delhi government, said that Article 239AA and the GNCTD Act of 1991, made it clear that the LG is just a delegatee of the president and can only act on his own in case of an urgency.

Dhawan had questioned as how can the lieutenant governor say that this officer will stay in a particular department or the officer needs to be transferred to another department. “Delhi does not have its own public service commission though it has power to establish one but still it has not done so. The officers posted in Delhi are from all-India cadres of the IAS, IPS and IRS and they listen to the directions of the LG,” Dhawan said.

"There is a legislative assembly, endowed by the Constitution. It has the power over the State list and the Concurrent list as well."

"There is a role of the Lt Governor and the role of the Chief Minister -- both have to be reconciled. Keeping in mind that the Lt Governor is a representative of the President," Dhavan said, emphasising that as "elected Chief Minister, he has both executive and implementing powers. All decisions are carried in the name of the Lt Governor because of the Rules of Procedure, that is why there is aid and advice in the proviso 4 of Article 239AA of the Constitution."

The senior lawyer further said that there were instances when same parties ruled at the Centre and in Delhi and at that time simple request was enough to get the work done, but now different parties are at the helm and they are at loggerheads.

The AAP government said that the aid and advice of the council of ministers has some meaning and it is not limited since it is from the elected representatives of the people. Dhawan said that land, public order and police are with the central government but it cannot be stated that the Delhi government has no say. He cited the violence at Ramlila Maidan that took place during a protest led by yoga guru Ramdev against black money in 2011 and said in those cases when there is threat, chaos and law and order problem, the lieutenant governor can step in.

The court is hearing a batch of appeals filed by the AAP government challenging the Delhi High Court verdict holding that the LG was the administrative head of the national capital.