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Delhi – Lt. Governor is the Executive Head of the State – This recommendation is the fountain-head of Article 239AA of the Constitution, said additional solicitor general
The Centre, which has been at loggerheads with the Delhi government over powers of governance, on Wednesday told the high court that Delhi remains in their control as it is not a full-fledged state.
A division bench of Chief Justice G. Rohini and Justice Jayant Nath was further informed by the Additional Solicitor Genral (ASG) Sanjay Jain appearing for Centre that the Lt. Governor is the executive head of the state. Saying Delhi is centrally-administered capital, the Centre said the chief minister and his council has to aid and advise Lt.
“S Balakrishna committee… report had studied various capitals of the world and came to the conclusion that Delhi cannot be a full-fledged state,” a bench of chief justice G Rohini and justice Jayant Nath was told.
This recommendation is the fountain-head of Article 239AA of the Constitution, said additional solicitor general (ASG) Sanjay Jain, appearing for the Central government.
He further said that Delhi “remains to be under the overall control of the Centre as it is not a full-fledged state but a union territory/National Capital Territory.”
The submission was made by ASG during the final hearing on the issue of interpretation of Article 239AA regarding the powers of the Lieutenant Governor (LG) on governance of Delhi.
A total of eleven cases arising out of the spat between the LG and the Delhi government, are being heard together by the bench headed by the chief justice.
ASG further contended that office of the LG is unique and not as that of the Governor.
“Governor enjoys constitutional immunity but not the LG. He (present LG of Delhi) is the executive head of the state. The Chief Minister and his council has to aid and advise him, if there is a difference. Then the issue has to be referred to the President. LG is not a Mayor or a titular head,” he said.
“Here we have an elected government with a Chief Minister, but the CM is not like that of other states because here we have a CM of a union territory which is also the capital of the country,” the Centre said.
The Delhi government on May 28 had approached high court challenging the Centre’s May 21 notification giving the LG an absolute powers in appointing bureaucrats in the city.
In one of its pleas, the Delhi government challenged the May 21 notification of the Centre giving the Lt. Governor absolute powers to appoint bureaucrats to various posts in the Delhi government and barring the Anti Corruption Bureau from proceeding against any staff under the Centre’s control.
Source: Zee News