LG cannot be an obstructionist, observes Supreme Court

Declaring the verdict on who will govern the Union territory of Delhi, the Supreme Court on Wednesday observed that both the Lieutenant Governor and the democratically elected Arvind Kejriwal government would co-exist in the national capital, provided no one will be supreme.

Stating that ‘Obeying the constitution is everybody’s duty and responsibility’ Chief Justice Dipak Misra said that ‘The relationship between Centre and State Govt should be healthy’ and ‘The LG must work harmoniously with the state, the LG and council of ministers have to be constantly aligned’.

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The bench was of the opinion that LG can not behave as an obstructionist and act independently, unless the constitution allows. It said, “LG cannot act independently unless where the Constitution allows. LG cannot be an obstructionist.” Adding more the bench observed that ‘LG can not refer all the matter to the President”.

Comprising of the Chief Justice and other senior Justice, the court said that ‘full statehood of Delhi is not possible’, however, ‘real power lies with the state government’. In order to stop the tussle going on between the LG and Kejriwal government the Supreme Court said that ‘the relationship between Centre and the State government should be healthy’. Also ‘the State Cabinet must convey all decisions to LG, but his concurrence not required in all matters’, the court added.

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Headed by Chief Justice, a five-judge Constitution Bench delivered its verdict on the Delhi government’s appeal, led by Chief Minister Arvind Kejriwal, which challenged the August 2016 High Court judgment that held the LG as the administrative head of the Capital.