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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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BJP and Shiv Sena reach broad seat-sharing deal ahead of BMC elections

BJP and Shiv Sena are close to finalising seat-sharing for 200 wards ahead of the BMC elections, while opposition parties intensify alliance talks across Maharashtra.

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BJP Shivsena

The BJP and Shiv Sena have almost sealed their seat-sharing arrangement for the upcoming Brihanmumbai Municipal Corporation (BMC) elections, with an understanding reached on 200 of the total 227 wards in Mumbai, according to sources. The civic body polls are scheduled to be held on January 15.

The agreement was discussed during a late-night meeting of the Mahayuti alliance, which includes the BJP, Shiv Sena and the Ajit Pawar-led NCP. The meeting took place at Maharashtra Chief Minister Eknath Shinde’s residence in Thane and focused on strategy for several key municipal corporations, including Thane, Kalyan-Dombivli and Navi Mumbai.

Sources said similar meetings are lined up for Mumbai and other civic bodies such as Chhatrapati Sambhaji Nagar, Panvel and Mira-Bhayandar, as alliance partners work to finalise ward-level arrangements and campaign planning.

Congress explores new alliances in Mumbai

In Mumbai, Congress leaders are scheduled to meet Prakash Ambedkar’s Vanchit Bahujan Aghadi as the party looks to rebuild its alliance structure after parting ways with the Shiv Sena (Uddhav Balasaheb Thackeray faction). The distancing followed Sena (UBT)’s decision to join hands with the Maharashtra Navnirman Sena led by Raj Thackeray.

Sena (UBT) MP Sanjay Raut has confirmed that the party will contest the BMC elections in alliance with the MNS and the NCP led by Sharad Pawar. The inclusion of the NCP (Sharad Pawar faction) comes after Sharad Pawar rejected a proposal from the Ajit Pawar-led faction that offered limited seat allocation.

Despite the split, sources indicated that discussions may continue, with meetings expected between Sharad Pawar’s daughter Supriya Sule and her cousin Ajit Pawar to determine future political moves.

Local body strategies take shape across Maharashtra

Meanwhile, MNS chief Raj Thackeray is set to hold a meeting with party leaders at his Shivtirth residence to finalise the party’s election strategy, including campaign issues and candidate selection.

In Chhatrapati Sambhaji Nagar, Shiv Sena MLA and minister Sanjay Shirsat will meet BJP leaders, including state ministers Chandrakant Bawankule and Atul Save, to discuss preparations for the civic polls.

Seat-sharing talks are also underway in Mira-Bhayandar, where Shiv Sena leader Pratap Sarnaik and BJP MLA Narendra Mehta are expected to hold discussions. The Ajit Pawar-led NCP, however, is planning to contest the elections independently in the region.

Panvel is set to witness a major opposition meeting involving Sena (UBT), Congress, MNS, NCP (SP), Samajwadi Party and the VBA. The gathering, led by the Peasants and Workers Party, will focus on finalising seat-sharing arrangements and joint election strategies.

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Op Aaghat 3.0: Delhi police arrest over 280 accused ahead of New Year celebrations

Delhi police arrested over 280 accused and detained more than 1,300 individuals under Operation Aaghat 3.0 ahead of New Year, seizing weapons, drugs, liquor and stolen items.

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Op Aaghat 3.0: Delhi police arrest over 280 accused ahead of New Year celebrations

Delhi police carried out a large-scale preventive crackdown across sensitive pockets of the national capital ahead of New Year, arresting hundreds of accused and detaining over a thousand individuals to ensure peaceful celebrations.

The overnight operation, conducted under Operation Aaghat 3.0, focused on crime-prone areas and resulted in major seizures, including illegal weapons, narcotics, illicit liquor, cash and stolen property, according to police officials.

Major arrests and seizures during the drive

As part of the intensified security drive, at least 285 accused were arrested under various legal provisions, including the Arms Act, Excise Act, NDPS Act and Gambling Act. In addition, 504 people were detained as a precautionary measure to prevent any untoward incidents during the festive period.

Police officials said the operation led to the recovery of 21 illegal weapons, including country-made pistols, along with 20 live cartridges and 27 knives. Authorities also seized over 12,000 quarters of illicit liquor, around Rs 2.5 lakh in cash, and nearly 7 kg of cannabis from different locations.

Focus on habitual offenders and vehicle theft

The crackdown also targeted repeat offenders. Under the operation, 116 habitual offenders, referred to by police as “bad characters,” were taken into custody, while 10 property offenders were arrested.

To curb vehicle-related crimes during New Year celebrations, police dismantled auto-lifting networks and arrested five auto-lifters. During the raids, 231 two-wheelers and one four-wheeler were seized.

Action against gambling and stolen goods

In a parallel action against gambling activities, police recovered Rs 2.3 lakh in cash. The operation also led to the recovery of about 210 stolen or lost mobile phones, offering relief to several complainants.

Apart from arrests and detentions, a total of 1,306 individuals were rounded up under preventive measures, officials added, stating that the coordinated effort was aimed at maintaining law and order and ensuring a crime-free New Year in the capital.

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Over 2,000 Maoists surrender under Chhattisgarh rehabilitation policy, says CM Vishnu Deo Sai

Chhattisgarh Chief Minister Vishnu Deo Sai said more than 2,000 Maoists have surrendered under the state’s rehabilitation policy, which offers skill training, financial assistance and land support.

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CM surrender Maoist

Chhattisgarh Chief Minister Vishnu Deo Sai on Friday said that more than 2,000 Maoists have surrendered so far under the state’s rehabilitation policy, asserting that the government is committed to treating surrendered cadres fairly and supporting their reintegration into society.

Addressing the issue, the Chief Minister said the state government has repeatedly appealed to Maoists to abandon violence and gunfire and return to the mainstream of development. He said the impact of these efforts is now visible, with a large number of cadres laying down arms.

According to Vishnu Deo Sai, the rehabilitation framework focuses on long-term welfare. Surrendered Maoists are being provided skill training along with monthly financial assistance of Rs 10,000. He added that the new policy also includes provisions for allotment of land for farming and land to build houses in urban areas, aimed at securing their future and livelihood.

Fresh surrenders reported from Bijapur

Earlier, 34 Naxals surrendered in Chhattisgarh’s Bijapur district under the state government’s rehabilitation initiative titled Poona Margham: Punarvas Se Punarjeevan (Return to the Mainstream: Social Reintegration through Rehabilitation). Police officials said the surrendered cadres were carrying a cumulative reward of Rs 84 lakh.

Officials noted that the latest surrenders reflect the growing impact of sustained anti-Naxal measures combined with confidence-building initiatives focused on welfare and reintegration.

Centre’s target to eliminate Naxalism by March 2026

The Chief Minister’s remarks come amid the Central Government’s stated goal to eradicate Naxalism from the country by March 2026 under the leadership of Prime Minister Narendra Modi. Authorities believe that rehabilitation-driven policies, along with security operations, are playing a key role in weakening the influence of Left-wing extremism in affected regions.

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