AAP vs Centre: L-G has no independent power, says Supreme Court

In a landmark judgement, the Supreme Court on Wednesday held that the Lieutenant Governor (L-G) of NCT of Delhi has no absolute or over-riding powers and he is bound by the aid and advice of the council of ministers.

A five-judge Constitution Bench headed by the Chief Justice Dipak Misra gave this 535-page ruling on a batch of petitions filed by the Kejriwal government challenging the obstructions caused by the L-G in the day-to-day administration.

The court, however, held that Delhi is a Union Territory with special status and cannot be construed as a state as a nine-judge Bench of the apex court has already made the position clear.

The CJI for himself and Justices A.K. Sikri held that the L-G has not been entrusted with any independent decision­making power. He has to either act on the “aid and advice” of Council of Ministers or he is bound to implement the decision taken by the President on a reference being made by him.

Justices D.Y. Chandrachud and Ashok Bhushan gave different but concurrent judgements with additional reasons.

The Constitution Bench had heard arguments on a batch of special leave petitions filed by the Delhi government against a judgement of the Delhi High Court, which held that the L-G was the administrative head of the capital and was not bound by the aid and advice of the Chief Minister or council of ministers.