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November 2018
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Fresh protest in Sabarimala        Rahul Gandhi Challenges PM Modi For Debate On Rafale Deal        New bill likely to be introduced in Parliament to rechristen names of Bombay, Calcutta and Madras High Courts        TM Krishna 'celebrates democracy' at Delhi concert        Death toll rises to 76 in California fire as Trump visits        Sri Lanka president Sirisena holds all-party meeting talks to end political crisis        Pankaj wins grand double, extends world title tally to 21        England win second Test against Sri Lanka by 57 runs        Smriti Mandhana becomes second-fastest Indian woman to reach 1000 T20I        It is quality of cricket rather than sledging that wins matches: Shastri on new Aussie approach        India in Australia: Kohli promises to not start arguments, only finish them        At Least Two Killed, Eight Injured In Blast In Karachi        Centre's New Move May Escalate Feud With RBI Ahead Of Board Meet: Report        'Gaja' crosses coast, rainfall pounds TN, 22 dead        Sabarimala board to move SC, buy time to implement order        Sabarimala board to move SC, buy time to implement order        Sindhu crashes out; Srikanth, Sameer enter quarterfinals of Hong Kong Open        No more chopping and changing till World Cup: Ravi Shastri        Air India eyes Rs 800 cr from sale of over 70 properties        Intel India opens design house costing Rs 1,100 cr at B'luru        
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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.


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New bill likely to be introduced in Parliament to rechristen names of Bombay, Calcutta and Madras High Courts
TM Krishna 'celebrates democracy' at Delhi concert
'Gaja' crosses coast, rainfall pounds TN, 22 dead
EC removes Mizoram chief electoral officer after protests
Lankesh murder accused sent to SIT custody in Pansare case
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Delhi pollution: Task forces conducts meetings on WhatsApp for urgent decisions
PM slams Rahul, Sonia for questioning note ban; need no certificate from those on bail
Union Minister Upendra Kushwaha attacks NDA ally Nitish Kumar amid reports of RLSP MLA joining JD(U)
Mining Baron Janardhana Reddy Remanded in Custody Till November 24 for 'Shielding' Ponzi Scam Accused Father-Son
Framing guidelines for keeping foreigners in detention centres, govt tells SC
JK govt assesses Rs 500 cr loss to crops due to heavy snowfall
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PM Modi Silent Over Pollution Levels In Delhi, Says Abhishek Singhvi
ENTERTAINMENT NEWS
Vaikom Vijayalekshmi ties knot with Anoop
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Mohanlal's Odiyan: Official trailer launched
Mammootty narrates Odiyan's intro?
Sradha Kapoor as Saina Nehwal: First look poster is out.
INTERNATIONAL NEWS
Death toll rises to 76 in California fire as Trump visits
 (Chico, Nov 18, 2018):Nearly 1,300 people remain unaccounted for and the death toll from the
Sri Lanka president Sirisena holds all-party meeting talks to end political crisis
At Least Two Killed, Eight Injured In Blast In Karachi
US, China see rival visions for entwined Asia-Pacific region
KERALA NEWS
Sabarimala protests: Arrests up to 2061, Kerala HC warns police
 Thiruvananthapuram, OCT 27: As the number of people arrested for allegedly being involved in violent
Vijayan urges UAE Keralites to back salary challenge
Sabarimala row: Protests against SC verdict continue
Balabhaskar's wife Lakshmi shifted to ICU
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