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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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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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