Delhi govt can’t have exclusive executive powers: Centre to SC

Delhi govt can’t have exclusive executive powers: Centre to SC

Says it would be against national interest to give Delhi govt full administrative power.

The Delhi government cannot have “exclusive” executive powers as it would be against national interests, the Centre told the Supreme Court on Tuesday.

Referring to the report of a committee and several apex court judgments, the Centre submitted before a five-judge constitution Bench headed by Chief Justice Dipak Misra that a Union Territory (UT) cannot be raised to the level of a State under the Constitution and it has to be administered by the President of India.

Constitutional provision

“Designation does not change status. A UT [Delhi] remains a UT and it is not equivalent to a State. The Lieutenant-Governor [L-G] is not equivalent to Governors of States,”

Additional Solicitor General Maninder Singh, arguing for the Centre, told the Bench, which also comprised Justices A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud and Ashok Bhushan.

The top court is hearing a clutch of appeals filed by the AAP government challenging Delhi High Court’s verdict holding the L-G as the administrative head of the national capital. Mr. Singh said every UT was to be governed by the President and the power of the President does not diminish with regard to Delhi.

“No exclusive executive power is with the Delhi
government and granting exclusive power would not be in the national interest,” the law officer said, while referring to the report of a panel that had dealt with the powers which can be conferred to the local government of the Capital.

The Bench then referred to the constitutional provision and said that neither the L-G, nor the Council of Ministers can take decisions on their own.

Citing various judgments to buttress his submissions, Mr. Singh said unlike States, the L-G was not bound by the aid and advice of the Council of Ministers and the ultimate authority lay with the President.

“The arguments from the other side [the AAP government] has been that though I am a UT but raise my level to the status of a State. This cannot be done,” he said. The advancing of arguments remained inconclusive and would resume on Wednesday.

Earlier, the Central government had said the Constitution did not provide “vertical division” of powers between the Centre and Delhi which enjoys a special status among all UTs.

It had referred to the Constitution, the 1991 Government of National Capital Territory of Delhi Act and the Transaction of Business of the Government of National Capital Territory of Delhi Rules to drive home the point that the President, the Union government and the L-G had supremacy over the city dispensation in administering the national Capital.

‘Capital belongs to all’

The Centre had maintained that the national Capital belonged to all Indians and not just to those residing in Delhi, while also arguing that Article 239AA of the Constitution, which deals with power and status of Delhi, was a “complete code” in itself.

Parliament has made it clear that Delhi is a UT and there was no doubt about it and the city government was empowered to take care of daily utilities of the Capital but the real administrative powers were vested with the Centre and the President, it had said.

On the other hand, the Delhi government had accused the L-G of making a “mockery of democracy”, saying he was either taking decisions of an elected government or substituting them without having any power.