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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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PM Modi links Gen Z support to BJP’s Mumbai civic win, targets Trinamool in Bengal

PM Modi said India’s Gen Z believes in the BJP’s development agenda, citing the party’s historic BMC victory while attacking the Trinamool government in Bengal.

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PM Modi

Prime Minister Narendra Modi on Friday said India’s Gen Z believes in the BJP’s development model, citing the party’s landmark victory in the Brihanmumbai Municipal Corporation elections, as he intensified his campaign in election-bound West Bengal.

Addressing a public meeting in Malda, the prime minister pointed to the BJP’s record performance in Mumbai’s civic polls, where the party emerged victorious in the BMC for the first time. He expressed confidence that voters in West Bengal would make a similar choice in the upcoming assembly elections, which are due in a few months.

Taking aim at the Mamata Banerjee-led Trinamool government, Modi said in Bengali, “Ei sarkar palano dorkaar,” asserting that the state needs a change in government. He accused the Trinamool of corruption and alleged that public funds were being looted while central assistance was being blocked from reaching people in Bengal.

The prime minister said development in the state would accelerate only after the Trinamool is voted out and the BJP comes to power. He also accused the ruling party of shielding infiltrators, warning that strong action would be taken against infiltration if the BJP forms the government in the state.

Reassuring the Matua community and other persecuted refugees from neighbouring countries, Modi said they had nothing to fear, adding that the Citizenship Amendment Act offers them protection.

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Rahul Gandhi to visit Indore over contaminated water deaths, draws mixed political reactions

Rahul Gandhi is set to visit Indore to meet families affected by contaminated water deaths as BJP and Congress leaders exchange sharp yet contrasting responses.

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Rahul-Gandhi

Leader of the opposition in the Lok Sabha Rahul Gandhi is scheduled to visit Indore on Saturday amid mounting political and public concern over deaths linked to contaminated drinking water in the city. His visit has triggered varied responses from political leaders, reflecting the tense atmosphere surrounding the issue.

According to the proposed itinerary, Rahul Gandhi will begin his visit at Bombay Hospital, where several people affected by contaminated water are currently undergoing treatment. He is expected to meet patients and their families before proceeding to Bhagirathpura, the area identified as the epicentre of the crisis. There, he will interact with families who lost relatives after consuming contaminated water.

BJP veteran welcomes visit, stresses democratic role of opposition

Former Lok Sabha Speaker and senior BJP leader Sumitra Mahajan welcomed Rahul Gandhi’s visit, adopting a conciliatory tone and underlining the importance of opposition voices in a democracy.

“This is how democracy works,” Mahajan said, adding that the opposition has a responsibility to raise issues affecting the public. She recalled that when her party was in the opposition, it fought strongly to earn people’s trust by standing with them during difficult times.

Chief minister warns against ‘politics over tragedy’

In contrast, Madhya Pradesh Chief Minister Mohan Yadav issued a sharp warning without naming Rahul Gandhi directly, cautioning against what he described as politicisation of a tragedy.

“We have faced this difficult phase with sensitivity,” the chief minister said. He added that Indore would not tolerate politics being played over deaths and stressed that protests must remain constructive, warning of serious consequences if the issue is used for political gain.

Closed-door meeting fuels political discussion

Adding to the political churn, Madhya Pradesh Congress president Jitu Patwari met Sumitra Mahajan at her residence in a closed-door meeting. The discussion focused on the Bhagirathpura water contamination incident and possible long-term solutions, fuelling speculation across political circles.

Speaking to the media later, Patwari said the tragedy should not be turned into a political contest. “This is not just a political issue, it is a serious public health issue,” he said, noting that several parts of Madhya Pradesh are facing problems related to contaminated drinking water.

Patwari stressed that ensuring access to clean and potable water should take precedence over political rhetoric. He said the government must focus on protecting Indore’s reputation and safeguarding the future by strengthening the city’s water supply system.

Responding to queries, Sumitra Mahajan said Patwari had been meeting her for a long time and spoke positively about his efforts. She confirmed that the discussion centred on the Bhagirathpura incident and said she offered suggestions, calling for collective efforts to resolve the crisis.

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Suvendu Adhikari files Rs 100-crore defamation suit against Mamata Banerjee

Suvendu Adhikari has moved an Alipore court seeking Rs 100 crore in damages from Mamata Banerjee, alleging defamation over coal scam claims.

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Suvendu-Adhikari

West Bengal opposition leader and BJP MLA Suvendu Adhikari on Friday filed a defamation suit against Chief Minister Mamata Banerjee, seeking Rs 100 crore in damages for allegedly linking him to a coal scam.

In a post on social media, Adhikari said the suit was filed before the court of the civil judge (senior division) at Alipore after Banerjee did not respond to a legal notice sent to her earlier.

Adhikari accused the chief minister of making what he described as “imaginary allegations” and said her silence on the defamation notice had compelled him to move court.

“I honour my commitments while you obfuscate issues and people. Your deceptive silence to the defamation notice pertaining to your vile imaginary allegations of my involvement in some alleged coal scam will not help you salvage the situation,” Adhikari wrote on X.

He added that he had kept his word of initiating legal action and shared a photograph related to the registration of the civil suit.

Adhikari also stated that if damages are awarded in his favour, the amount would be donated to charity.

Legal notice and allegations

According to Adhikari, the legal notice sent through his advocate referred to statements made by Banerjee on January 8 and 9, during which she allegedly linked him and Union Home Minister Amit Shah to an alleged coal scam while claiming to possess evidence.

In the notice, Adhikari had asked Banerjee to substantiate the allegations within 72 hours, failing which he would proceed with a defamation suit.

Adhikari, who was earlier a minister in the Trinamool Congress government, joined the BJP ahead of the 2021 West Bengal Assembly elections and is currently the leader of the opposition in the state assembly.

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