L-G can’t be ‘obstructionist’: What court said in AAP vs Centre case

The Supreme Court said that the Lt Governor has “no independent decision-making power” and is bound by the aid and advice of the council of ministers.

The Lieutenant Governor should not act as “obstructionist” and must respect the democratically elected government, the Supreme Court said on Wednesday, in big boost for Aam Aadmi Party-led government in Delhi. A five-judge constitution bench headed by Chief Justice Dipak Misra said New Delhi cannot be given the status of a state. Stressing that the Lt Governor has “no independent decision-making power”, the court said he is bound by the aid and advice of the council of ministers. As the verdict was being read out in the court, chief minister Arvind Kejriwal was quick to claim win for his party and described the judgment as “big victory for democracy”.

Combo photo of (L-R) Lieutenant Governor of Delhi, Anil Baijal, and Delhi chief minister Arvind Kejriwal. (PTI File Photo)

Here are the top 10 observations by the Supreme Court in AAP vs Centre case

1. “Being an administrative head the Lt Governor needs to be informed about all the decisions taken by the council of ministers. But that doesn’t mean his concurrence is required,” the court said.

2. Rejecting the AAP government’s demand for compete statehood for Delhi, the court said “Under present Constitutional scheme, NCT (National Capital Territory) Delhi can’t be state”

3. “L-G has to respect the democratically elected government. L-G must work harmoniously with the council of ministers and not resist. There is a need for discussion, in case of a difference, to sustain a representative form of government,” the court said.

4. “No independent authority on L-G to take decisions except where he acts as a quasi-judicial or judicial authority,” the court emphasized.

5. “Aid and advice given by council of ministers is binding on L-G unless he decides to exercise his special power. But the opinion has to be respected. Exclusive power needs to be exercised in exceptional circumstances and not on a routine manner,” the court said

6. Stressing that Lt Governor can make a reference to the president only in exceptional cases, the court said: “LG must not mechanically refer every matter to the president. Must apply his mind before doing so.”

7. “Respect needs to be given to the representative government,” the five-judge bench said adding that “authority in power and constitutional functionaries must realize they are for the administration and welfare of the people.”

8. “Purpose of communication of all decisions to L-G is necessary to inform him and not obtain his concurrence. Persons on high positions must discharge their duties faithfully for smooth functioning of administration,” the court said.

9. The top court stressed that “authority in power and constitutional functionaries must realize they are for the administration and welfare of the people.”

10. “Neither state or L-G should feel they are lionised, must realise they are serving Constitutional obligation,” the top court said.