Summary: "The constitution has given a face and identity to a government in Delhi with Article 239AA and the executive decisions taken and implemented by it can not be reversed by the Lieutenant Governor, it had said".
The Supreme Court on Thursday observed that Delhi government has to take Lieutenant Governor's consent to govern the national capital but the latter can not hold a file beyond a reasonable period.
The apex court, however, made it clear that the Lieutenant Governor can not sit on files, sent by the state government, beyond a reasonable period. In the petition, the AAP had challenged an earlier court order that had given the LG complete control of the national capital.
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The bench noted that Constitution has limited Delhi government's powers and it can not have a say on public order, police and land.
The apex court, however, had 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 needed to be looked into. Responding to the arguments, the court said that as per the Constitution, the Lieutenant Governor has the final say in matters of the state. "LG in Delhi has the primacy under the Constitution", the bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said.
The apex court headed by a five-judge bench headed by Chief Justice Dipak Misra said that the Article 239AA of the Indian Constitution is unique for Delhi and the Lieutenant Governor is provided with more power than the ruling party here, unlike the other Union Territories.