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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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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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