The AAP Government on Thursday said it will challenge the High Court order holding that the lieutenant-Governor is the administrative head of the national Capital Territory as it “undermined” the powers of the Council Of Ministers given by the Constitution. “We will move the Supreme Court against the HC verdict,” Delhi Home Minister Satyendar Jain said while reacting to Delhi High Court’s decision.
A Delhi Government spokesperson said initial assessment of Delhi High Court verdict shows it has “undermined powers of Council Of Ministers mentioned in the Constitution”.
AAP leader Raghav Chadha said the High Court verdict will be challenged in the Supreme Court, adding that “a democratically elected Government cannot be undermined. This isn’t a fight for supremacy, but democracy”.
The High Court said l-G is the administrative head of National Capital Territory and the AAP Government’s contention that he is bound to act on the advice of Council of Ministers was “without substance”.
The decision comes after months-long turf war between l-G Najeeb Jung and Chief Minister Arvind Kejriwal.
A Bench of Chief Justice G Rohini and Justice Jayant Nath dismissed the AAP Government’s plea challenging the Centre’s May 21, 2015, notification giving absolute powers to l-G in appointing bureaucrats in the national Capital. The court also quashed several notifications issued by Kejriwal after returning to power last year, saying they were illegal as they were issued without concurrence of the l-G.
“AAP believes in democratic process. The Delhi Government is a symbol of hope and expectations of the people (of Delhi). To dismiss it means dismissal of democratic process. The Delhi legislative Assembly cannot be without any rights.
“If the Delhi Government cannot take decisions in favour of the people, then what is the use of an elected GovernmentIJ” AAP’s Delhi unit convenor Dilip Pandey said.
“We humbly differ with the judgement of the High Court. It is important to approach the Supreme Court to protect the rights of Delhiites,” he said.
“The party is of the view that the Delhi Government should take this disagreement to the Supreme Court’s door, which is the only competent authority to settle dispute on the issue of distribution of powers between the state and the Centre,” the AAP stated.
National Spokesperson of the party Ashutosh said, “We respect the High Court but the judgement is erroneous. It goes against the spirit of our Constitution. People of Delhi have elected MlAs and not the l-G. The l-G is not accountable to the people of Delhi. While deciding this case, the Supreme Court will have to decide as to whom can the common man of Delhi can approach in case of a problem, their MlA and elected representatives or the l-G.
“Who will be accountable to the people of Delhi, the Chief Minister or the l-G. What is the use of Delhi Assembly and an elected Government in Delhi, if Delhi is to be run by the l-G as its AdministratorIJ Direct election of public representatives forms the basis of Indian democracy, but after today’s judgement it seems elections are an exercise of no consequence in Delhi. The Supreme Court will have to deal with all these questions,” Ashutosh said.