Regarding the implementation of various decisions of the Delhi Government, Additional Solicitor General (ASG) Sanjay Jain representing the Centre stated in the Delhi High Court on Thursday that lieutenant-Governor is akin to a “lighthouse” without whose approval no ship can enter
the harbour.
“There is a pyramid comprising the council of Ministers with the Chief Minister at its head and parallel to that is a tower, a lighthouse, without whose approval no ship can come into the harbour,” Sanjay Jain told a Bench of Chief Justice G Rohini and Justice Jayant Nath.
The ASG was addressing arguments during final hearing on the issue of interpretation of Article 239AA regarding the powers of the l-G on the governance of Delhi.
A total of eleven cases arising out of the spat between the l-G and the Delhi Government are being heard together by the Bench headed by the Chief Justice.
During arguments, ASG Jain said as per the transaction of business rules (TBR), the l-G has to be always kept in the loop.
He said the l-G can intervene during the decision-making process, particularly when there is a difference of opinion between two Ministries of the Government, and the matter can be referred to the council of Ministers for a resolution.
The ASG made it clear that despite the intervention at an initial stage of decision-making, the l-G was still entitled to give his views with regard to the final decision taken by the council of Ministers.
Also, he said the l-G has to be mandatorily involved or kept in the loop from the start in all matters mentioned in the TBRs which carry the phrase - ‘of administrative importance’.
The arguments remained inconclusive and would continue on February 15. On February 4, the Centre had told the court that the l-G has the statutory power to disagree with the city Government and when a decision is taken in his name, files have to be shown to him.
It had also submitted before the court that the Union Territory of Delhi was “a class in itself” but certainly not a State. Even today, Delhi is called a National Capital Territory but actually it is a UT, as per Article 246 of the Constitution, it had said.
On January 27, the Centre had said Delhi remained in its control as it was not a full-fledged State.
The Delhi Government on May 28 last year had approached the High Court challenging the Centre’s notification of May 21 last year, giving the l-G absolute powers to appoint bureaucrats in the city.
Along with this notification, the Delhi Government had also challenged the July 23, 2014, notification of the Centre which limited the Anti-Corruption Branch’s jurisdiction to the Delhi Government officials only.