Delhi's full statehood, Arvind Kejriwal vs Centre and LG Anil Baijal

OP's Perspective

The Supreme Court said the Delhi Lieutenant Governor cannot act independently and must take the aid and advise of the Council of Ministers. It observed that the national capital enjoys special status and is not a full state. Hence, the role of the L-G is different than that of a Governor. The matter was heard by a five-judge bench which was headed by CJI Dipak Misra and comprised Justice A K Sikri, Justice A M Khanwilkar, Justice D Y Chandrachud, and Justice Ashok Bhushan. While stating that Delhi could not be granted “full statehood”, the bench ruled that the elected government could make rules on all subjects in the concurrent list, and subjects in the state list, barring three – law, police and public order.

Neither state nor LG should feel lionized, but realise they are serving Constitutional obligations. There is no space for absolutism or anarchy in our Constitution

AAP's Petition

Earlier, The AAP, in its petition, said that the chief minister and the council of ministers had the legislative power to make laws as well as the executive authority to enforce the enacted statutes. Accusing L-G of making a “mockery of democracy”, the Kejriwal government accused Anil Baijal of sitting on files and hindering the "development" projects in the national capital.

The party also argued that the LG was either taking decisions of an elected government or substituting them without having any power and that a "harmonious interpretation" of Article 239AA of the Constitution was needed to fulfil the constitutional mandate for a democratically-elected Delhi government. The article deals with power and status of Delhi.

Centre's counter to the AAP's plea

In its counter to the AAP's plea, the Centre said that the Delhi government cannot have the "exclusive" executive powers as it would be against national interests. Referring to the 1989 Balakrishnan committee report, the Centre reflected in the reasons behind why Delhi was not granted full statehood. The Centre had referred to the Constitution, the 1991 Government of National Capital Territory of Delhi Act and the Transaction of Business of the Government of National Capital Territory of Delhi Rules to drive home the point that the President, the union government and the LG had supremacy over city dispensation in administering the national capital.