Centre tells SC: ‘NCT belongs to entire country, not just Delhi’

  • | Thursday | 23rd November, 2017

Supreme Court (File) Supreme Court (File)“The National Capital Territory (NCT) belongs not just to Delhi but to the entire nation and therefore it will not be undemocratic to say that the Union has pervasive power in matters of its administration”, the Centre told the Supreme Court Wednesday. The ASG, appearing for the Centre, was replying to the AAP government’s challenge to the Delhi High Court verdict confirming the Lieutenant Governor as the administrative head of Delhi. During the hearing, the bench also expressed its displeasure over lawyers appearing for the Delhi government speaking in different voices. Dhavan and Jaisingh had both appeared for the Delhi government besides Gopal Subramanium, P Chidambaram and Shekhar Naphade. Resuming his arguments for the second day, Singh asserted that the “Union government is also an elected government”.

Supreme Court (File) Supreme Court (File) “The National Capital Territory (NCT) belongs not just to Delhi but to the entire nation and therefore it will not be undemocratic to say that the Union has pervasive power in matters of its administration”, the Centre told the Supreme Court Wednesday. Addressing a five-judge Constitution bench, headed by Chief Justice of India Dipak Misra, Additional Solicitor General (ASG) Maninder Singh was critical of the Arvind Kejriwal government and submitted “I won’t take names, but the head of the local government says he will decide where the police commissioner will sit, where the Republic Day parade will be held.” “Can we compromise the security of the national capital and the interest of the nation?” asked Singh. The ASG, appearing for the Centre, was replying to the AAP government’s challenge to the Delhi High Court verdict confirming the Lieutenant Governor as the administrative head of Delhi. Resuming his arguments for the second day, Singh asserted that the “Union government is also an elected government”. Earlier in the day, the bench — which also included Justice A K Sikri, JusticeA M Khanwilkar, Justice Ashok Bhushan and Justice Ashok Bhushan D Y Chandrachud — had asked the ASG if “a Lieutenant Governor can assume all powers to himself?” “Issue is: elected government has some executive powers in respect of which they can make laws, but they have to work in consultation with Lieutenant Governor,” said CJI Misra. Singh countered this and asked “can they (Delhi government) say will not follow this procedure and will decide on their own?” Reiterating that Delhi was not a state and the Constitution does not vest any exclusive executive powers on it, the ASG said that the concept of aid and advise of the council of ministers was “totally alien” to the discharge of executive functions by the L-G. To this, Justice Chandrachud said, “Taking your argument to its logical conclusion, you will be completely diluting the concept of aid and advice. Aid and advice has to have some meaning”. However, Singh persisted that Article 239 of the Constitution (dealing with administration of Union Territories) was manifestation that executive power for Union Territories already stands vested with Union government. During the hearing, the bench also expressed its displeasure over lawyers appearing for the Delhi government speaking in different voices. “All of you are appearing for one client and then one categorically told that they didn’t subscribe to Indira Jaising’s views”, pointed out the bench, in reference to a remark by senior counsel Rajeev Dhavan. Dhavan and Jaisingh had both appeared for the Delhi government besides Gopal Subramanium, P Chidambaram and Shekhar Naphade. For all the latest Delhi News, download Indian Express App

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