Arvind Kejriwal's state govt versus L-G Anil Baijal: Supreme Court to pronounce verdict on battle for Delhi

The Supreme Court is expected to deliver its verdict over who — the Arvind Kejriwal-led Aam Aadmi Party or Lieutenant Governor Anil Baijal who represents the Centre — controls the reins of power to administer Delhi.

A five-judge Constitution bench comprising Chief Justice Dipak Misra, Justice AK Sikri, Justice AM Khanwilkar, Justice DY Chandrachud, and Justice Ashok Bhushan had reserved the verdict on the contentious issue between the Centre and the AAP government. On 6 December last year after hearing the matter for 15 days, the apex court reserved its verdict on appeals filed by the Kejriwal government against a Delhi High Court judgment declaring the L-G as the sole administrator of the capital. Hearing in the matter continued for a month before it was finally wrapped up.

At the heart of the AAP government’s petition is the argument that an elected government cannot be without any power and the Constitution could not give the Lieutenant Governor powers to “stultify daily governance by sitting over files”.

Asserting that it had the executive powers on which it can aid and advice the L-G, the Kejriwal government had contended that an elected government can’t be treated subservient to an overriding authority of the L-G. The Delhi government also contended that it was only in an emergency situation that the L-G can refer to the President the matters on which there are differences of opinion between the L-G and the elected government.

The Delhi government also argued that the constitutional provisions can be interpreted only to advance the goals of the Constitution and the people’s democratic aspirations. On the other hand, the Centre contended that all executive powers to administer the capital were vested in it and that it exercised the same through the L-G.

The Centre told the court that the “aid and advice” by the elected Delhi government was not binding on the L-G, as was the case with other states.

Even as the Centre sought to underline the pivotal position that the Lt Governor enjoys in the administration of Delhi, the apex court said that the L-G was expected to show “Constitutional statesmanship” in dealing with an elected government.

With inputs from agencies