13
Tuesday
November 2018
11:22 PM IST
News Headlines
Preparing for Australia tour by watching videos: Shami        India invites Swedish companies to explore investment opportunities        Govt cancels ED officer Rajeshwar Singh's leave        175 dead, over 10,000 affected by Nigeria cholera outbreak        Lankan parties move SC against Parliament dissolution by Prez Sirisena        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        70 per cent turnout in first phase of Chhattisgarh polls: EC        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        Death toll hits 25 from wildfires at both ends of California        "Nationalism Betrayal Of Patriotism": Emmanuel Macron, Trump By His Side        3rd T20: Dhawan, Pant take Ind to victory, series win        FC Goa beat Kerala Blasters 3-1 in ISL        One killed, several injured in stabbing attack in Melbourne: Police        Journalists beware: After Bloomberg bots, AI news presenter debuts in China        Harmanpreet Kaur’s record century headlines India’s big win over NZ in opener        Mumbai City end NorthEast United’s unbeaten run        Chelsea beat BATE 1-0 in Europa League        Srikanth enters pre-quarterfinals of China Open        
Home   | Main News   | Kerala  | National   | International  | Business   | Sports   | Entertainment   | Columns   | Offbeat   | Health   | About Deepika 
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.


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
Sitharaman, Rijiju take stock of Army-Police clash issue in Arunachal
INS Arihant: A warship that can dive to 300-mtr, stay underwater for months
PM Modi Silent Over Pollution Levels In Delhi, Says Abhishek Singhvi
UPA's Rafale Deal Was The "Mother Of All Make In India": Congress
PM Modi Wants to do to India What Hitler Did to Germany, Alleges Mallikarjun Kharge
Talk of mosque near Ram temple in Ayodhya can make Hindus ‘intolerant’: Uma Bharti
'If an Inquiry Starts on Rafale, Mr Modi is Not Going to Survive it': Rahul Gandhi's Guarantee
Was consensual: MJ Akbar rejects rape charge, wife comes out in his support
SC quashes plea challenging triple talaq ordinance
Rafale deal: SC seeks pricing details of 36 fighter jets from Centre in sealed cover
Naxal threat: About 65,000 troops for 1st phase of Chhattisgarh polls
Rahul like stuck gramophone, people won't accept his childish claims: Modi
World's tallest statue to be unveiled in Gujarat on Wednesday
People are feeling betrayed by PM Modi: Rahul Gandhi
ENTERTAINMENT NEWS
Vaikom Vijayalekshmi ties knot with Anoop
 Vaikom: Playback singer Vaikom Vijayalekshmi has tied knot with Anoop N. at Vaikom Mahadeva temple.  
Mohanlal's Odiyan: Official trailer launched
Mammootty narrates Odiyan's intro?
Sradha Kapoor as Saina Nehwal: First look poster is out.
INTERNATIONAL NEWS
175 dead, over 10,000 affected by Nigeria cholera outbreak
 Lagos, Nov 12 (AFP) Suspected cholera cases have jumped in northeast Nigeria where Boko Haram violen
Lankan parties move SC against Parliament dissolution by Prez Sirisena
Death toll hits 25 from wildfires at both ends of California
"Nationalism Betrayal Of Patriotism": Emmanuel Macron, Trump By His Side
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
Untitled Page
Rashtra Deepika LTD
Copyright @ 2018 , Rashtra Deepika Ltd.