A five-judge Constitution headed by the Chief Justice of India held that Democratic values are paramount and Delhi government and LG should work with mutual coordination.
It was a historic day for national capital Delhi when the Supreme Court delivered its verdict on the powers of the Delhi Govt. The 5-judge constitution bench on one hand
admonished that there is no room for anarchy in Delhi, it also said that relations between the Centre and State govt should be harmonious and all should work within constitution’s ambit. The 5-judge constitution bench led by Chief Justice Deepak Mishra unanimously held that..
— Democratic values are paramount & coordination of powers is essential
— Delhi govt and LG should work with mutual coordination
— LG has power over all Delhi matters related to police, law & order as well as land
— Elected govt can have laws enacted on all other matters
— LG should respect the advise of council of ministers and act accordingly
— Provision allows for matters to be referred to President in case of difference of opinion between Delhi govt and LG
The constitution bench also made it clear that Delhi cannnot be given full statehood..
Other judges on the bench signed the judgment penned by the Chief Justice. Justices A K Sikri and A M Khawilkar gave their concurrence to the CJI’s verdict. But the two other judges gave their own verdicts separately.
Both BJP and AAP are terming the verdict a victory for their stands. The Congress said the judgment is not in tune with the Kejriwal govt’s claims and the apex court has only spelt out what is already there in the constitution.
Ever since Aam Admi Party took over the reins in Delhi, a dispute over powers got triggered. Kejriwal’s argument has been that all powers should be in the elected govt’s hands. But the Centre says Delhi does not have full statehood and the LG has all administrative powers. Delhi High Court had also adjudged the LG to be the head. But the Kejriwal govt escalated the matter to the Supreme Court.
Now, smaller apex court benches will decide on issues of dispute in Delhi that have reached the apex court using the constitution bench’s verdict as the template.