SC allows Delhi govt to take back AAP-era cases against LG

The then AAP government had maintained that the LG must act on the aid and advice of the council of ministers in most matters

The Supreme Court on Friday allowed the Bharatiya Janata Party (BJP)-led Delhi government to withdraw seven petitions filed by the previous Aam Aadmi Party (AAP) government, which had challenged lieutenant governor VK Saxena’s alleged overreach in matters concerning environmental oversight, administrative decisions, and appointments.

These cases had marked flashpoints in the fraught relationship between the elected government and the LG. (ANI)

These cases had marked flashpoints in the fraught relationship between the elected government and the LG, centring on the interpretation of Article 239AA of the Constitution and the Government of National Capital Territory of Delhi (GNCTD) Act. The then AAP government had maintained that the LG must act on the aid and advice of the council of ministers in most matters, and the petitions had questioned his unilateral role in a number of administrative decisions.

Appearing before a bench headed by Chief Justice of India (CJI) Bhushan R Gavai, additional solicitor general Aishwarya Bhati sought permission to withdraw the petitions. No reason was cited. The bench, which also comprised Justice G Masih, allowed the request and passed a brief order stating, “Allowed to withdraw.”

Two of the withdrawn petitions had challenged National Green Tribunal (NGT) orders from January and February 2023 that made the LG the head of two high-level committees—one on Yamuna pollution and another on solid waste management. The Delhi government had objected to these orders, arguing that the LG had “no statutory or constitutional power” to function independently of the elected cabinet. The petition on solid waste specifically pointed out that issues of public health and sanitation fall under the Delhi government’s purview, and the LG was constitutionally bound to act on the aid and advice of the council of ministers.

Under Article 239AA, the Delhi government has legislative power over all matters in the state list and concurrent list except for land, police, and public order.

The Supreme Court had earlier stayed the NGT’s Yamuna committee order in July 2023 and issued notices to examine whether the Centre’s new GNCTD Amendment Act, 2023, impacted the power balance. That act had come in the wake of a landmark Constitution bench ruling in May 2023, which held that the LG was bound by the elected government’s decisions on services and officer transfers, overturning a 2015 Centre notification that had asserted control over such matters.

Of the seven cases withdrawn, one involved a direct constitutional challenge to the GNCTD Amendment Act, 2023. Other petitions included a challenge to the LG’s termination of 437 consultants hired by the Delhi government; a dispute over the finance department’s alleged non-release of sanctioned funds to the Delhi Jal Board (DJB) for 2023–25; a tussle over the appointment of the chairperson of the Delhi Electricity Regulatory Commission (DERC); and a case regarding non-clearance of legal fees for lawyers appointed by AAP ministers without the LG’s concurrence.

Another petition sought a declaration reiterating the constitutional requirement that the LG act on the advice of the elected government.

When the matter on pending advocate fees came up on Friday, advocate Talha Abdul Rahman, who had earlier appeared for the AAP government, reminded the court that solicitor general Tushar Mehta had assured during a 2024 hearing that all dues would be paid. ASG Bhati told the court that the issues would be resolved.