16
Monday
July 2018
4:23 AM IST
News Headlines
Rajinikanth Supports 'One India, One Election' Proposal        Trump asked me to sue EU over Brexit, says Theresa May        Haiti prime minister resigns after deadly unrest        Mukesh Ambani beats Alibaba's Jack Ma to become richest man in Asia        Djokovic beats Anderson, wins 4th Wimbledon title        Thailand Open Super 500: PV Sindhu loses to Nozomi Okuhara in final        France clinches World Cup with win over Croatia        H-1B visa alert: Donald Trump makes things worse for Indian techies        World Cup: Belgium beat England 2-0 to finish 3rd        PV Sindhu makes final of Thailand Open, Okuhara awaits        Angelique Kerber defeats Serena Williams to win Wimbledon 2018        Former A.P. Chief Minister Kiran Kumar Reddy returns to Congress        If Delhi tries to break PDP, outcome will be dangerous: Mehbooba Mufti        Former PM Nawaz Sharif, daughter Maryam arrested for corruption in Lahore        Social media hub like creating surveillance state: SC        World Cup: Deflated England, Belgium get ready for third place clash        First time in winter: FIFA confirms 2022 World Cup to be held between November and December in Qatar        Mental strength carried Croatia to World Cup final, says Lovren        Kohli currently best batsman because Smith not there: Ponting        Rupee up 19 paise against dollar ahead of key macro data release        
Home   | Main News   | Kerala  | National   | International  | Business   | Sports   | Entertainment   | Columns   | Offbeat   | About Deepika 
National News
Real power, accountability vests with elected representatives, not LG: SC
 
New Delhi, Jul 4 (PTI) The real power and "substantive" accountability in democratic system of governance vests with the elected representatives and not the Lieutenant Governor, Justice D Y Chandrachud said today.

"The LG must bear in mind that it is not he, but the council of ministers which takes substantive decisions and even when he invokes the proviso, the LG has to abide by the decision of the President," Justice Chandrachud said in a separate but concurring verdict on the power tussle between the LG and the Delhi government.

The Supreme Court judge, who wrote a 175-page order, said the Lieutenant Governor shall act on the aid and advise of the Council of Ministers headed by the Chief Minister.

The five-judge bench led by Chief Justice Dipak Misra laid down broad parameters for governance of the national capital, which has witnessed a bitter power tussle between the Centre and Delhi government since the Aam Aadmi Party came to power in 2014.

Justice Chandrachud said that under the Transaction of Business of the Government of NCT of Delhi Rules, 1993, the LG must be kept duly apprised on all matters pertaining to the administration of affairs of the NCT and the Rules indicate the duty of the Council of Ministers to inform the Lieutenant Governor right from the stage of a proposal before it.

He held that the provisions of Article 239 AA(4) must be operated and applied in a manner which facilitates and does not "obstruct" the governance in Delhi.

"While the provisions contained in the Transaction of Business Rules require a scrupulous observance of the duty imposed on the Council of Ministers to inform the Lieutenant Governor on all matters relating to the administration of the NCT, neither the provisions of Article 239AA, nor the provisions of the Act and Rules require the concurrence of the Lieutenant Governor to a decision which has been taken by the Council of Ministers," he said.

Justice Chandrachud said that the proviso to Article 239AA(4) must be operated and applied in a manner which facilitates and does not obstruct the governance of the National Capital Territory.

"If the expression 'any matter' were to be construed as 'every matter' or every trifling matter that would result in bringing to a standstill the administration of the affairs of the NCT. Every conceivable difference would be referred to the President. The elected representatives would be reduced to a cipher. The union government would govern the day- to-day affairs," he said.

The judge said that in discharging his constitutional role, the LG has to be conscious of the fact that the Council of Ministers which tenders aid and advice is elected to serve the people and represents both the aspirations and responsibilities of democracy.

Justice Chandrachud also clarified that in case of difference of opinion between the Lieutenant Governor and the council of ministers, "the Lieutenant Governor must, by a process of dialogue and discussion, seek to resolve any difference of opinion with a Minister and if it is not possible to have it so resolved to attempt it through the Council of Ministers.

"A reference to the President is contemplated by the Rules only when the above modalities fail to yield a solution, when the matter may be escalated to the President."

Justice Chandrachud also referred to the findings of the S Balakrishnan Committee founded in 1989 for making recommendations on the reorganization of structure for the governance of Delhi. Balakrishnan was an advisor in Ministry of Home Affairs.

The judge noted that the committee had opined that "the national capital belongs to the nation as a whole" and hence a demand for full statehood could not be entertained.


Rajinikanth Supports 'One India, One Election' Proposal
Former A.P. Chief Minister Kiran Kumar Reddy returns to Congress
If Delhi tries to break PDP, outcome will be dangerous: Mehbooba Mufti
Bombay HC pulls up Pune cops over probe into Rajneesh's 'will'
87 minor boys rescued from train, trafficking suspected
Ex-CM Kiran Reddy set to return to Congress, to meet Rahul
BMC will take call on school holiday on rainy day: Tawde
Chidambaram says ED on witch-hunt in Aircel-Maxis case
BJP MLA charge-sheeted by CBI in Unnao rape case
J-K Guv meets Dalai Lama
LG or CM? Who is responsible for clearing mountains of garbage in Delhi: SC
India is a stakeholder in Korean peace process: PM Modi
Security situation in north-east has improved "drastically": Rajnath
Live-streaming of court proceedings can be undertaken: Centre tells Supreme Court
SC seeks response on Ahmed Patel's plea to stay proceedings in Guj HC
Court sends separatist Aasiya Andrabi, 2 others to 10-day NIA custody
JD(U) against corruption and communalism: Nitish Kumar
Rains, thundershowers likely in parts of Uttar Pradesh
Not averse to working with Congress: Mamata
Eye on manned mission, ISRO successfully tests escape system for astronauts
ENTERTAINMENT NEWS
I am a big flop actor: Karan Johar
 (Mumbai, May 5, 2018): Filmmaker Karan Johar is in mood to take up full-fledged acting jobs.  
Bittersweet moment for us: Akshaye on Vinod Khanna's Dadasaheb Phalke honour
Happy Sonam is getting married, Anand a great guy: Harshvardhan Kapoor
Auctioning 'Rustom' costume for good cause: Akshay Kumar
INTERNATIONAL NEWS
Trump asked me to sue EU over Brexit, says Theresa May
 (London, July 15, 2018):Embattled British Prime Minister Theresa May today revealed that Dona
Haiti prime minister resigns after deadly unrest
Former PM Nawaz Sharif, daughter Maryam arrested for corruption in Lahore
After UK-US spats, Trump flies in to turmoil in Britain
KERALA NEWS
Kerala among 13 states on thunderstorm alert
 (New Delhi, May 7, 2018): Thunderstorms accompanied by squall, hail and heavy rains are likel
Kerala Karshaka Jadha Opens to a Great Beginning / Video
Malappuram press club attack: RSS workers nabbed
Workers injured in mudslide at construction site
Untitled Page
Rashtra Deepika LTD
Copyright @ 2017 , Rashtra Deepika Ltd.