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Supreme Court clips the wings LG had sprouted, says has no independent powers

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Supreme Court clips the wings LG had sprouted, says has no independent powers

[vc_row][vc_column][vc_column_text]Ruling that the Lieutenant Governor of Delhi is bound to act according to the aid and advice of the Council of Ministers in all matters under its jurisdiction, a Constitution bench of the Supreme Court on Wednesday, July 4 set at rest the prolonged tussle over powers between the Aam Aadmi Party (AAP) and the Lieutenant Governor of Delhi that saw the latter revoking several decisions of the Arvind Kejriwal-led AAP government.

The Supreme Court Constitution bench of Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, however, stopped short of acknowledging total statehood for Delhi as demanded by the Aam Admi Party (AAP).

The judgment pronounced in the court by Chief Justice Dipak Misra also held that the LG cannot act as an “obstructionist”. Two other judges, Justices AK Sikri and AM Khanwilkar, concurred with the verdict.

The top court made it clear that except for anything related to land, police and public order, the Lt Governor has no independent decision-making powers under the constitution.

“The Lt Governor is an administrator in a limited sense and is not the Governor. He is bound by the advice of cabinet advice in matters other than those exempted,” the court said.

The court said: “The states should enjoy freedom without unsolicited interference from the centre…popular will cannot be allowed to lose its purpose.”

Adding muscle to the AAP dispensation, the court observed: “The NCT requires some kind of freedom, subject to the limitations imposed upon it. The Lt Governor works on the aid and advice of the council of ministers of the state. The Lt Governor must not act in a mechanical manner. The Lt Governor must work in accordance with the council of ministers.

“Our constitution is constructive in nature, with no room for autonomy,” said the bench.

The reasons listed by the bench were unambiguous. In its order the bench said the Lieutenant Governor cannot act mechanically by referring every Executive decision taken by the state’s council of ministers to the President of India. The court made it clear that while the LG enjoys the powers of an administrator, he must “work on the aid and advice of the council of ministers.”

The SC said: “All decisions of council of ministers must be communicated to the L-G, but that doesn’t mean concurrence of the L-G is required.”

The bench also observed that “A pragmatic orientation must be exhibited by the centre and the state.”

“There is no room for absolutism and there is no room for anarchism also,” the court said.

However, the bench drew the line at statehood. It said: “The NCT can never achieve the status of a state.”

Having said that, the court also added that the “Lt Governor has limited power, merely as that of an administrator.

About other nitty gritties, the  bench ordered: “The matter will be listed before the appropriate bench for further hearing as the bench has resolved the main issue.”

Earlier, Arvind Kejriwal and three of his cabinet colleagues staged a sit-in protest in the L-G office in June. They were protesting against an alleged delay in approval of key policies of the AAP government by L-G Anil Baijal and a “strike” by the civil servants. Kejriwal has launched a fresh “full statehood for Delhi” campaign with the objective of sending a petition to the Narendra Modi government after securing signatures of 10 lakh residents of the city.

The Delhi High Court had upheld the primacy of the Lieutenant Governor in Delhi in a 2016 ruling. The Kejriwal government moved the Supreme Court against the Delhi High Court judgment. The Supreme Court reserved its verdict in the case in December last year. The impending judgment is likely to settle the dispute over separation of powers between the local elected government and the Centre.

The Kejriwal government fielded a galaxy of senior lawyers including P Chidambaram and Indira Jaising to present its case in the Supreme Court. Additional Solicitor General Maninder Singh has argued for the Centre in the matter.

During the course of the hearing last year, the Supreme Court bench had once observed that it would restrict itself to examining the status of the national capital under the Constitution and lay down a set of principles to govern Delhi. It had refused to get into the issues arising out of Delhi government’s decisions and notifications related to regularisation of guest teachers and AAP’s pet programme mohalla clinics.

Reactions:

The judgment came as a major victory for Kejriwal and AAP who have been, for the past three years, engaged in a bitter battle with the LG office and the Centre, alleging that successive Lieutenant Governors (first Najeeb Jung and now Baijal) had been creating roadblocks in the functioning of the state’s executive under instructions from the Narendra Modi-led NDA government at the Centre.

Delhi chief minister Arvind Kejriwal hailed this as a “big victory for the people of Delhi” and a “big victory for democracy.”

The BJP and Congress, which have been talking about limited powers of elected government in Delhi and the supremacy of LG, tried to claim the SC verdict justified their stand.

While the SC order cited Constituional provisions to restrict the LG’s authority, BJP’s Delhi unit chief Manoj Tiwari chose to target Arvind Kejriwal saying that he can longer rule in anarchy. “Start following the constitution and work for the betterment of Delhiites,” he wrote on Twitter.

BJP spokesperson Nalin Kohli also slammed AAP for terming SC verdict as a “victory” for their party. Adding that the main demand if statehood has been rejected by the Centre, Kohli said, “Don’t understand how Delhi govt is claiming this to be a victory? Their main plank was that this is a state whereas Court has unequivocally said its not a state. They said they had exclusive executive control that was rejected too. This is a UT, Centre has a role to play.”

“We welcome the SC verdict. The Delhi government should have been following the law even without the order of the court. We hope, they will do so after the judgement,” BJP MLA and Leader of Opposition in the Delhi Assembly Vijender Gupta said.

Delhi BJP spokesperson Praveen Shankar Kapoor said the verdict has “decided” that Delhi is a Union Territory and the AAP should stop raising their “political demand” for full statehood to the city. “It is now decided that Delhi is a UT. So, the AAP and Chief Minister Arvind Kejriwal should stop raising the full statehood demand.”

Former chief minister of Delhi Sheila Dixit said what the Supreme Court has done is to reiterate the role of LG and Delhi government.[/vc_column_text][vc_raw_html]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[/vc_raw_html][vc_column_text]“As per Article 239 (AA) of the Constitution, Delhi is not a state, it is a Union Territory. If Delhi Government and LG don’t work together then Delhi will face problems. Congress ruled Delhi for 15 years, no conflict took place then,” ANI quoted Dikshit.[/vc_column_text][/vc_column][/vc_row]

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At all-party meet, Congress demands discussion on Adani, Manipur in Parliament winter session

The winter session of Parliament is scheduled to continue until December 20, with no sessions planned for November 26 in observance of Constitution Day.

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In the customary all-party meeting convened by the government ahead of the winter session of Parliament on Sunday, the Congress demanded that the BJP-led central government discuss allegations against the Adani Group and the Manipur violence.

Congress leader Pramod Tiwari said that his party demanded discussions on issues such as the Adani Group bribery allegations, the Manipur crisis, pollution, and train accidents in the parliamentary session, which is starting on Monday.

Union Minister of Parliamentary Affairs Kiren Rijiju announced during a press conference that an all-party meeting was held to discuss the upcoming winter session of Parliament. A total of 42 political representatives were present, consisting of 30 party leaders and party floor leaders, each contributing their suggestions, he added.

Rijiju stated that these suggestions would be reviewed with the business advisory committee and the Speakers of both Houses to determine which issues would be addressed in the Lok Sabha and Rajya Sabha. He emphasised the desire for constructive and peaceful discussions in both Houses.

Speaking to the media after the meeting, Congress leader Gaurav Gogoi highlighted several key issues raised by the Congress and the INDIA alliance during the meeting. He pointed out that a significant concern was the financial sector scam recently highlighted by the US government, urging the BJP-led NDA government to provide clear answers regarding the matter.

Regarding the issues discussed, AAP leader Sanjay Singh noted that corruption related to the Adani group was damaging India’s global reputation and warranted further discussions.

He also mentioned the ongoing violence in Manipur, which has persisted for a year and a half without government intervention. Additionally, Singh said he raised concerns about irregularities during the Uttar Pradesh bypolls, where voters faced intimidation, questioning the integrity of the electoral process.

Singh expressed skepticism about the government’s claim to implement the Waqf Bill without awaiting the Joint Parliamentary Committee’s report.

SAD leader Harsimrat Kaur Badal said she brought to attention several issues concerning farmers, stating that they are being exploited by a central government, receiving less than the minimum support price (MSP) for their crops.

She noted that a significant percentage of DAP fertiliser supplied by the Centre is reportedly fake, and highlighted concerns regarding land transfers to Haryana in Chandigarh, which violate the Punjab Reorganization Act.

In the meeting, Badal also criticised the forced acquisition of farmland for the Bharatmala Expressway and suggested that there may be a collaborative effort between the Centre and the Opposition to stall House proceedings, emphasising that the responsibility to manage the House lies with the government.

The Congress party, which is the largest Opposition party in the House, is expected to prioritise discussions on the situation in the Northeast, the ongoing border tensions at the Line of Actual Control, and allegations surrounding businessman Gautam Adani.

The government has prepared 16 bills for consideration, including the Waqf Amendment Bill, which is under review by the Joint Parliamentary Committee.

Moreover, there may be discussions regarding the contentious ‘One Nation, One Election’ proposal, which Prime Minister Narendra Modi has supported as a means to optimise resources and enhance democracy, although it has faced opposition from Congress.

The winter session of Parliament is scheduled to continue until December 20, with no sessions planned for November 26 in observance of Constitution Day.

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Sambhal mosque: UP Police fire tear gas to disperse crowd during survey, 10 detained

Videos circulating online show youths throwing stones at police, allegedly near the survey site in Sambhal.

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The Uttar Pradesh Police on Sunday used tear gas to disperse the crowd after it got violent and started stone pelting as tension escalated during a second survey of the Mughal-era mosque, claimed to be originally the site of an ancient Hindu temple. At least ten people were detained following the violent clash.

According to reports, a probe was launched into the violence. An official said that some people even tried to set fire to some motorcycles parked on the roadside.

Speaking on the matter, Samajwadi Party chief Akhilesh Yadav said a mosque survey team was sent to Sambhal again on Sunday morning, even after the survey was already done.

Citing the information, Yadav said a clash broke out and many have been injured and one youth has been killed. He alleged that the government, administration, and BJP have done this intentionally so that there can be no discussions on the irregularities that happened during the bypolls.

Meanwhile, BJP leader Dushyant Gautam said: “It is worrying, people say that they follow constitution, law, court, and when there is court-ordered survey, people are protesting against it. Court order should be respected.”

Another party leader Nalin Kohli said nobody has the right to break the law. The court order should be followed. “If they want a change, then the procedure for it is also through the court. Police will take action. If somebody had to put forward their point, they can do it through court,” he added.

Tensions have escalated in Sambhal recently following a survey of the Jama Masjid, conducted on local court orders last Tuesday after a petition claimed the site was originally home to a Harihar temple.

The local administration said that a second survey, led by an “Advocate Commissioner” as part of a court-mandated examination of the disputed area, commenced around 7 AM, attracting a gathering crowd.

Superintendent of Police Krishna Kumar Vishnoi stated, “Some miscreants in the crowd began pelting stones at the police team. The police employed minor force and tear gas to regain control of the situation.”

He mentioned that those involved in the stone-pelting and those who incited the violence would be identified and face legal action.

District Magistrate Rajendra Pesia said, “While some miscreants resorted to stone-pelting, the situation is now peaceful and the survey continues.” He also stated that approximately ten individuals had been detained in connection with the incident and were currently being interrogated.

Speaking to PTI, Uttar Pradesh Police chief Prashant Kumar said that the situation remained under control in Sambhal. “We are closely monitoring the situation. All police and civil administration officials are present and conducting patrols in the affected areas. Anti-social elements will be identified promptly, and strict measures will be enforced against them,” he added.

Videos circulating online show youths throwing stones at police, allegedly near the survey site in Sambhal.

Supreme Court lawyer Vishnu Shankar Jain, the petitioner in the matter, informed that the Court of Civil Judge (Senior Division) had ordered the formation of an “Advocate Commission” to survey the mosque. The court instructed that a report be submitted following a comprehensive videography and photography survey conducted by the commission.

According to Jain, the Central and UP governments, the mosque committee, and the district magistrate of Sambhal have all been included as parties in the petition regarding the mosque. Vishnu Shankar Jain and his father, Hari Shankar Jain, have represented the Hindu perspective in numerous cases related to places of worship, including the ongoing Gyanvapi Mosque-Kashi Vishwanath temple dispute.

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Mann Ki Baat: PM Modi hails Chennai library created for children, says it has become a hub of creativity; mentions Bihar’s Prayog Library

“Through these initiatives, we can encourage children to understand and appreciate their environment, helping sparrows once again become a part of our lives,” PM Modi said.

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Prime Minister Narendra Modi on Sunday hailed the Chennai library which is created for children, saying it has become a hub of creativity and learning. He also mentioned the “Prayog Library” in Bihar’s Gopalganj district for its service to the people of 12 villages.

Addressing the 116th episode of his monthly “Mann Ki Baat” radio broadcast, PM Modi said these days many experiments are being conducted for the education of children and the effort is to enhance the creativity of children and their love for books.

PM Modi noted that books are humans’ best friends and what better place than the library to strengthen this friendship?

Sharing one such example from Chennai, PM Modi said the “Prakriti Arivagam” library which has become a hub of creativity and learning, was the idea of of Shriram Gopalan, who is associated with the world of technology.

PM Modi said during his work abroad, he remained connected with the world of the latest technology. But, he also kept thinking about developing the habit of reading and learning in children, Modi added. After returning to India, Shriram Gopalan established “Prakrith Arivagam,” he said.

The “Prakriti Arivagam” has more than three thousand books, which children eagerly wait to read. Apart from books, different types of activities being organised in this library also attract children. Be it Story Telling sessions, Art Workshops, Memory Training Classes, Robotics Lessons or Public Speaking, there is something or the other, to the liking of everyone.

The Prayog Library in Bihar, which has been talked a lot about in many cities in the neighbouring states, facilitates youths of around 12 villages to read books. Apart from this, the library is also providing other important facilities to the students in preparing for competitive examinations.

“It is indeed very heartening to note that the library is being used in the best possible way to strengthen the society. You too should develop friendships with books and see how it brings a change in your life,” PM Modi said.

Speaking on the issue of sparrows extinctions, PM Modi reminded people of how seeing sparrows chirping on rooftops or in trees during childhood was not so rare but due to rapid urbanisation, sparrows have become rare and many children today may only know them from pictures or videos.

It is known as “Kuruvi” in Tamil and Malayalam, “Pichhuka” in Telugu, and “Gubbi” in Kannada, these birds play an essential role in maintaining biodiversity, PM Modi noted.

The Prime Minister said, fortunately, efforts are being made to reintroduce sparrows to children. In Chennai, the “Kudugal Trust” engages schoolchildren in campaigns to increase the sparrow population by teaching them to build wooden nests, he added. Over the past four years, they have helped create thousands of nests, leading to a rise in the local sparrow population, said Modi.

In Mysuru, Karnataka, the “Early Bird” campaign educates children about birds through a library and a Nature Education Kit filled with storybooks and games, he said. “This organization takes children from cities to villages, helping them recognise various bird species.”

“Through these initiatives, we can encourage children to understand and appreciate their environment, helping sparrows once again become a part of our lives,” PM Modi said.

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