The Delhi High court upheld Article 230 of the Constitution which states that the Lieutenant Governor remains the administrative head of the National Captial Territory concluding the legal battle between Delhi’s AAP government and Lt. governor Najeeb Jung.
Delhi High Court Ruling:
- The High Court ruled today that the Lieutenant Governor, who represents the Centre, is the “administrative head” of Delhi and Mr Kejriwal’s Aam Aadmi Party (AAP) government has to run all its decisions by him.
- Policy directions can’t be issued without communicating to the LG
- AAP govt’s contention that LG is bound to act on advice of Council of Ministers like in other states in India is without any substance and cannot be accepted, stating the LG of the National Capital Territory is not bound by the aid and advice of Council of Ministers.
- All service matters fall outside the jurisdiction of Delhi Legislative Assembly and if the Lt Governor chooses to exercise his powers then it cannot be deemed unconstitutional.
- The AAP government was told that it was wrong to set up inquiries into alleged scams involving CNG fitness for buses and Delhi’s cricket body DDCA without seeking Lieutenant Governor Najeeb Jung’s approval.
- The court today said that the Centre’s order is “neither illegal nor unsustainable.”
- The Delhi government has argued in court that there cannot be two reporting authorities. The Centre, however, told the court that Delhi remains in its control as it is not a full stats.
Reacting to the huge setback in what was more a political battle, AAP has decided to move the Supreme Court. AAP government’s counsel has said that they will immediately file an appeal against the verdict in the apex court.