Kejriwal vs Lt Governor verdict: As AAP claims ‘big win’, here’s what Supreme Court said

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Published: July 4, 2018 11:28:32 AM

The Supreme Court further added that LG cannot act independently and has to act as per aid and advice of Council of Ministers, a statement which can be perceived as a win for the Aam Aadmi Party.

 Arvind Kejriwal, Lt governor, anil baijal, lietanant government, delhi government, delhi news, supreme court of india, news delhi, supreme court of india case status, anil baijal, delhi lgThe Deepak Misra-led bench of five judges said that “Constitutional interpretation (of the LG’s power) must be based on Constitutional morality”.

The Supreme Court of India on Wednesday said that Council of Ministers serving in an elected government is not bound to Lieutenant Government. In its statement, the top court said that LG is the administrative head, but can’t be an obstructionist in the development. The Deepak Misra-led bench of five judges said that “Constitutional interpretation (of the LG’s power) must be based on Constitutional morality”. The bench also comprised Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, that it possessed both the legislative and executive powers. The Supreme Court further added that LG cannot act independently and has to act as per aid and advice of Council of Ministers, a statement which can be perceived as a win for the Aam Aadmi Party.

Here’s what the Supreme Court said:

– Constitutional skirmishes test the resilience of democracy and its interpretation must be based on Constitutional morality.
– Lt. Governor is bound by aid and advice of Council of Ministers, subject to the provision of Article 239 AA to refer to the matter to President. He cannot act independently and has to act as per aid and advice of Council of Ministers.
– Council of Ministers has to communicate its decision to Lt. Governor, this does not mean Council of Ministers are bound by Lt. Governor. However, there is no space for anarchy and absolutism in our Constitution, Supreme Court observed.
– Lt. Governor has to work harmoniously with his Council of Ministers.
– The principle of collective responsibility significant in the context of “aid and advise”.
– Purposive interpretation has gained significance over-literal interpretation (of Constitution).
– The Union and States must embrace a collaborative federal architecture.
– Conclusion statement of Supreme Court: “Court must adopt an interpretation of Constitution which is in consonance with democratic principles. All three organs of State must stay rooted to Constitution. Decisions should be in consonance with the spirit of Constitution,” Justice Dipak Misra said.

The Supreme Court’s statement came while it was hearing a batch of appeals filed by the Arvind Kejriwal-led Delhi government challenging the Delhi High Court’s order holding the Lieutenant Governor (LG) as the administrative head of the national capital. The AAP dispensation had argued before the apex court bench, which also comprised Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, that it possessed both the legislative and executive powers.

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