The Supreme Court hearing the legal tussle between the Delhi Government and lieutenant-Governor on Tuesday said it is “practically impossible” to contemplate, under the Constitutional scheme, a situation where the
l-G's concurrence is required on every executive decision taken by the Delhi Government.
The observation came in the wake of a submission made by the Aam Aadmi Party (AAP) Government questioning the interference by l-G in all its administrative decisions. Senior advocate Gopal Subramaniam who appeared for the Delhi Government pointed out that on decisions as innocuous as reforming Delhi Government schools, opening Mohalla clinics, or night shelters, the administration of the State was helpless to implement any social welfare measure without getting l-G's nod. The l-G derives this power to obtain his “concurrence” from the proviso to Article 239AA(4) of the Constitution.
The five-judge Bench headed by Chief Justice Dipak Misra said, “the provision as we understand is to bring some kind of harmony between the l-G and the Chief Minister. The difference of opinion between the Government and l-G can't be a day-to-day affair.”
Although the Centre is yet to argue on the issue, the Bench, also comprising Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, said, “The balance must be there between l-G and the administrative head. The Chief Minister and other Ministers also have been given a role under the Constitution. It's defined where they cannot make laws. That's where intervention of l-G comes in. But intervention does not mean every time I must concur with the decision.”
Justice Bhushan added, “It would be practically impossible to contemplate that concurrence was meant to be in each and every matter.” Following the Court's observations, Subramanium got buoyed pointing out how the l-G exercises direct control over bureaucrats by calling for files and telling them to obey his orders.