rahul1117kumar
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Delhi continues to remain a union territory under the Constitution with the Lieutenant Governor (LG) as its administrative head, Delhi High Court today ruled, dealing a body blow to the Arvind Kejriwal government, which has been on warpath with the Centre over powers. The special constitutional provision Article 239AA dealing with Delhi does not “dilute” the effect of Article 239 which relates to the union territory and hence, concurrence of the LG in administrative issues is “mandatory”, the bench headed by Chief Justice G Rohini said.
The bench, also comprising Justice Jayant Nath, did not accept AAP government’s contention that the LG is bound to act only on the aid and advice of Chief Minister and his Council of Ministers with regard to making laws by the Legislative Assembly under the Article 239AA and termed it as “without substance”.
(Also Read: Arvind Kejriwal vs Najeeb Jung: LG is the BOSS of Delhi, rules Delhi High Court)
“On a reading of Article 239 and Article 239AA of the Constitution together with the provisions of the Government of National Capital Territory of Delhi Act, 1991 and Transaction of Business of the Government of NCT of Delhi Rules, 1993, it becomes manifest that Delhi continues to be a Union Territory even after the Constitution (69th Amendment) Act, 1991 inserting Article 239AA making special provisions with respect to Delhi,” the bench said in its 194-page verdict.
Giving primacy to the concurrence of LG in transaction of Legislative business, the bench said, “It is mandatory under the constitutional scheme to communicate the decision of the Council of Ministers to the LG even in relation to the matters in respect of which power to make laws has been conferred on the Legislative Assembly of NCT of Delhi under clause (3)(a) of Article 239AA of the Constitution and an order thereon can be issued only where the LG does not take a different view”.
The court held that the AAP government’s order for constituting a Commission of Inquiry to go into the alleged irregularities in the functioning of Delhi and District Cricket Association (DDCA) and CNG fitness scam was “illegal” as the orders were issued “without seeking the views/ concurrence” of the LG. The court, which rejected almost all the contentions of Delhi government, however, agreed with its submission that the LG will have to act on its aid and advice in appointment of special public prosecutors.
Delhi remains union territory, Lieutenant Governor its administrative head: High Court - India.com
The bench, also comprising Justice Jayant Nath, did not accept AAP government’s contention that the LG is bound to act only on the aid and advice of Chief Minister and his Council of Ministers with regard to making laws by the Legislative Assembly under the Article 239AA and termed it as “without substance”.
(Also Read: Arvind Kejriwal vs Najeeb Jung: LG is the BOSS of Delhi, rules Delhi High Court)
“On a reading of Article 239 and Article 239AA of the Constitution together with the provisions of the Government of National Capital Territory of Delhi Act, 1991 and Transaction of Business of the Government of NCT of Delhi Rules, 1993, it becomes manifest that Delhi continues to be a Union Territory even after the Constitution (69th Amendment) Act, 1991 inserting Article 239AA making special provisions with respect to Delhi,” the bench said in its 194-page verdict.
Giving primacy to the concurrence of LG in transaction of Legislative business, the bench said, “It is mandatory under the constitutional scheme to communicate the decision of the Council of Ministers to the LG even in relation to the matters in respect of which power to make laws has been conferred on the Legislative Assembly of NCT of Delhi under clause (3)(a) of Article 239AA of the Constitution and an order thereon can be issued only where the LG does not take a different view”.
The court held that the AAP government’s order for constituting a Commission of Inquiry to go into the alleged irregularities in the functioning of Delhi and District Cricket Association (DDCA) and CNG fitness scam was “illegal” as the orders were issued “without seeking the views/ concurrence” of the LG. The court, which rejected almost all the contentions of Delhi government, however, agreed with its submission that the LG will have to act on its aid and advice in appointment of special public prosecutors.
Delhi remains union territory, Lieutenant Governor its administrative head: High Court - India.com
