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SC rules in favour of Delhi government, clips LG's role

  •   Wed, Jul 04 2018 11:31:25 AM

New Delhi, Jul 4 (IANS): A Supreme Court Constitution Bench on Wednesday unanimously ruled in favour of the Arvind Kejriwal government saying that the real powers of governance of Delhi rests with the elected representatives.

The apex court said the Lieutenant Governor (LG) was bound by the aid and advice of the Council of Minister in all the areas except land, police and law and order.

Speaking for Justice A.K. Sikri and Justice A.M. Khanwilkar, Chief Justice Dipak Misra said that the LG was not vested with any independent decision-making powers and cannot act in a mechanical manner.

It further ruled that in case of difference of opinion with the Council of Ministers, the LG has to refer the matter to the President, whose decision then would be binding.

The court further stated that the decisions of the Council of Ministers has to be communicated to the LG but that does not mean that the Council of Ministers requires his concurrence.

The court said that the provision that the LG can refer "any matter" under Article 239 to the President does not mean every matter.

Chief Justice Misra said that the executive powers of the Delhi government were co-extensive with its legislative powers.

The top court further said that Delhi can legislate on any issue that falls in the State list or the Concurrent list except for three areas of land, police, law and order.

Justice D.Y. Chandrachud and Justice Ashok Bhushan pronounced seperate but concurring judgements.
  

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Comment on this article

  • David Pais, Mangalore

    Wed, Jul 04 2018

    ye supreme court-ne liar chaiwalaka-ki aur l.g., liar governor-ki naak katwadi.

    DisAgree [11] Agree [8] Reply Report Abuse

  • Peacelover, India

    Wed, Jul 04 2018

    No need to. Rejoice! SC is hand in glove with Modi government and this verdict is begining of preparation for 2019.

    DisAgree [19] Agree [6] Reply Report Abuse

  • kumara, abu dhabi

    Wed, Jul 04 2018

    so everyone agrees judiciary not controlled by so called feku!!!!!!,

    DisAgree [6] Agree [20] Reply Report Abuse

  • mahesh, Mangalore

    Wed, Jul 04 2018

    yeah, this is a irony.
    The same guys moved a impeachment motion against the CJI.

    DisAgree [11] Agree [15] Reply Report Abuse

  • Mangalurian, Mangaluru

    Wed, Jul 04 2018

    Not at all. It has been proven in several cases that individual judges can be controlled by certain vested interests.

    A large number of cases, even at the SC, are decided by single-bench judges. That is worrisome.

    But, when there are five judges on the bench, it becomes a little difficult to sway the judgment in a particular direction. Especially on matters of great public interest.

    DisAgree [5] Agree [8] Reply Report Abuse

  • monu, Mulki

    Wed, Jul 04 2018

    So why not multiple judges for every case at every level?
    There is a shortage of judges in the country from past 25 years.

    DisAgree Agree [3] Reply Report Abuse

  • Mangalurian, Mangaluru

    Wed, Jul 04 2018

    Every time Delhi's status comes up for discussion, Feku and his supporters say "Read the constitution" and "the Consitution gives power to the LG over the elected Government".

    Plain and simple: Consitution CAN be wrong!

    The LITMUS test of a CONSITUTIONAL PROVISION is it MUST fully support the governace system of the country (Democracy in India's case).

    The unelected LG having the power to over-rule an elected Government MEANS the specific Constitutional provision has FAILED the litmus test.

    The SC has now recognised the big mistake with the constitutional provision.

    But Feku and his team can be excused for their confusion. None of the talkers appears to have passed high school level.

    DisAgree [6] Agree [9] Reply Report Abuse

  • mahesh, Mangalore

    Wed, Jul 04 2018

    so try changing the constitution.
    how will you do it without the support of congress and BJP.?

    DisAgree [9] Agree [6] Reply Report Abuse

  • Aubb, Kuwait

    Wed, Jul 04 2018

    Congrats to Daku, Feku and LG of Dilli.

    DisAgree [25] Agree [12] Reply Report Abuse

  • Aubb, Kuwait

    Wed, Jul 04 2018

    Quote:
    "The apex court said the Lieutenant Governor (LG) was bound by the aid and advice of the Council of Minister in all the areas except land, police and law and order."
    Unquote.

    Why this partiality towards LG, when Kejri is an elected representative 0f Delhi, who should enjoy same powers as any CM of a state in India.....??

    LG is a proven manipulator at the behest of present dictatorship Central govt.

    Must be challenged further.

    Jai Hind!!

    DisAgree [6] Agree [8] Reply Report Abuse

  • Philip, Mangalore

    Wed, Jul 04 2018

    Mirchi sahi lagadhi SC ne. Good verdict

    DisAgree [26] Agree [19] Reply Report Abuse

  • G R PRABHUJI, Mangalore

    Wed, Jul 04 2018

    Don't believe this central Govt. Now they trouble Delhi gov't in some other way.

    DisAgree [31] Agree [35] Reply Report Abuse

  • Sunil K, Mangalore

    Wed, Jul 04 2018

    One illegal Pakoda factory shut down by Supreme Court.

    DisAgree [28] Agree [27] Reply Report Abuse

  • Raghavendra M K, Mumbai Maharashtra

    Wed, Jul 04 2018

    A big defeat to modi's style of dictatorial type functioning. taking away the rights of elected CM's power by Modi's appointed LG. At last real judgement delivered by supreme court. it is a victory of the people. i have written earlier in these columns that Karnataka election result was beginning of decline of BJP in the country. Day by day it is coming true.

    DisAgree [32] Agree [32] Reply Report Abuse

  • mahesh, Mangalore

    Wed, Jul 04 2018

    LG has more powers in Delhi.
    Kejri cannot do anything.
    watch and see.

    DisAgree [21] Agree [31] Reply Report Abuse

  • Aubb, Kuwait

    Wed, Jul 04 2018

    Mr.Bhaktha,

    Who is the elected representative here?
    Stop thinking like Modi for the sake of india.

    Ja Hind!!

    DisAgree [26] Agree [22] Reply Report Abuse

  • mahesh, Mangalore

    Wed, Jul 04 2018

    Ignorant people should not comment on issues they dont know about.
    If you knew the difference between Delhi and other states, you wouldnt have commented this way.
    by the way, why doesnt congress support kejri in this issue?

    DisAgree [16] Agree [26] Report Abuse

  • Ashwil, SooratKal

    Wed, Jul 04 2018

    Do you think it is congress role to support everything that related BJP?? For your information, Congress is different than your Feku and Dhaku's BJP. Even after 4 years they have nothing show but blaming Congress. Why Daamad is still not in jail? Ignorance is the property of Bhakths, not others. BTW< are you trying to say elected representatives are stamp pads in Delhi?? Why then there is Delhi government. Do not showcase your ignorance here.

    DisAgree [17] Agree [17] Reply Report Abuse

  • Satya, Mangalore

    Wed, Jul 04 2018

    In Damaad's company the majority share holders are from the BJP, which is why they cannot touch him. hahahahahaha. You think otherwise Modi or the BJP would have kept quiet all these years.

    DisAgree [2] Agree [7] Report Abuse

  • Mangalurian, Mangaluru

    Wed, Jul 04 2018

    My thoughts have always been along the lines of SC's judgment on the matter.

    It is absolutely illogical that an unelected LG has been overruling the elected Government on every conceivable issue.

    Such an act (as done by the LG) is unthinkable in any democracy anywhere in the world.

    Mr Kejriwal's Government has brought about amazing and progressive Governance in Delhi - which is fast becoming a rolebodel to the rest of India.

    Now that the LG has to act like a whipped pet, Indian democracy has won a major battle.

    DisAgree [19] Agree [22] Reply Report Abuse

  • Aubb, Kuwait

    Wed, Jul 04 2018

    Mangalurean,

    Absolutely right.
    Pls explain to all blind Bhakthas on this forum too.

    Jai Hind.

    DisAgree [14] Agree [10] Reply Report Abuse

  • James Philip D sa, Belman/Kuwait

    Wed, Jul 04 2018

    Even the Police, Land and law & Order must be brought under Delhi Government and a special squad of Police kept under the Central Government attached to Home Ministry. Full powers to be given to the elected government and the LG should be removed permanently.

    Delhi government has done massive improvements in the field of health and education. Government schools in Delhi are far better than private schools.

    DisAgree [18] Agree [24] Reply Report Abuse

  • mahesh, Mangalore

    Wed, Jul 04 2018

    You cannot change, because it needs a constitutional amendment.
    Both the congress and BJP will oppose it.
    Now what will you do?

    DisAgree [9] Agree [19] Reply Report Abuse

  • Rathan, Mangalore

    Wed, Jul 04 2018

    It is v strange that in any case if the chaddiless feel that judge me t is in their favour
    Indian judiciary is intact and win of democracy and if it is other way judiciary is for sale.
    In this case kunaliwala can't say he won the case judge me t puts many clauses and says President is final authority if there is any difference between LG and CM
    Wait and see the end result, of this judgement

    DisAgree [22] Agree [2] Reply Report Abuse

  • Ashwin, SooratKal

    Wed, Jul 04 2018

    I know master lacks grey matter but thought bhakths have some (they might be hiding that with their chedi) and I was wrong. By the way, SC says President has the final say not unpad PM. Alright bhakths, from now onwards, would you say every crime takes place in Delhi, would be the responsible of Feku Maharaj, because police comes under him?

    DisAgree [10] Agree [6] Reply Report Abuse

  • Ramesh S, MANGALORE

    Wed, Jul 04 2018

    ..whats there to clip!!..SC said what is already there..Land police law order with LG, ministerial decision must be send to LG, obstruction shouldnt be there from each other, no more Dharna from Kejriwal..this what SC said, this is what common Delhi people saying.. ..this is what exCM Sheela Dixit said today..KULJI just want issue & excuses not to work..first he will throw abuses at LG & create atmosphere such that LG retaliate, then will cry he & others not allowing him to work..national media give front page coverage and he get away singing Democracy saved..

    DisAgree [21] Agree [20] Reply Report Abuse

  • Satya, Mangalore

    Wed, Jul 04 2018

    Cannot understand why Delhi has to have elections, elected representatives, chief minister and ministers, if they don't have any powers and everything is decided by the Lt. governor? Seems like a total farce. In the past Sheila Dikshit was blamed for the Nirbhaya rape when the Delhi Police and law and order was not under her. Was she supposed to have her private police force to stop molestations and rapes when law and order was not under her. I am not a fan of Arvind Kejriwal, but how can you expect his government or any elected government to function or hold the government responsible if they and the duly elected governments are not given powers to function.

    DisAgree [17] Agree [18] Reply Report Abuse

  • mahesh, Mangalore

    Wed, Jul 04 2018

    You should read the constitution to know more about this issue.

    DisAgree [10] Agree [17] Reply Report Abuse

  • Satya, Mangalore

    Wed, Jul 04 2018

    Have you read it? Can you tell me what the relevant clauses are?

    DisAgree [1] Agree [6] Reply Report Abuse

  • mahesh, mangalore

    Wed, Jul 04 2018

    Now that you asked
    Quote
    The special provision, Clause 4 of 239AA says: "Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary."
    Unquote

    DisAgree [1] Agree [1] Report Abuse

  • Alfria, Mumbai/Mangalore

    Wed, Jul 04 2018

    Mahesh have you no other work are you a retired man i wonder how you can manage to waste so much time giving useless comments either you are paid by bjp for doing this or else it's simple you are cheating your employer by wasting working hours writing these comments.

    DisAgree [1] Agree [3] Reply Report Abuse

  • mahesh, mangalore

    Wed, Jul 04 2018

    This is the response you got?
    Because you know legally LG has more powers than Delhi CM.

    DisAgree [2] Agree [2] Report Abuse

  • SB, Mlore

    Wed, Jul 04 2018

    Dongis

    Judge here is same Deepak Mishra.

    Now make some Noise.

    DisAgree [22] Agree [4] Reply Report Abuse

  • Harold D'cunha, Mangalore, India.

    Wed, Jul 04 2018

    SB, Mlore
    Now feku and daku, will jump and talk about justice Mishra. It is 5 judge bench. Below message for the readers guidance.

    The five-judge bench headed by CJI Misra said that the L-G cannot act as an obstructionist and can refer issues to the President only in exceptional matters and not as a general rule.

    Aravind Krejwal suits for PM candidate.

    Now enjoy your day, including daku and feku.

    DisAgree [2] Agree [14] Reply Report Abuse

  • Spectator, Mangalore

    Wed, Jul 04 2018

    FYI its not Deepak Mishra alone, its the Verdict by 3 Judges.

    DisAgree [1] Agree [14] Reply Report Abuse

  • David Pais, Mangalore

    Wed, Jul 04 2018

    deepak mishra's time is over. retiring soon. justice will b given 2 citizens

    DisAgree [3] Agree [9] Reply Report Abuse

  • Lionel Dsouza, Mangalore

    Wed, Jul 04 2018

    PEOPLE WHO CAN REALIZE....ITS A GREAT ACHIVEMENT OF KEJRIWAL GOVT...….AND ALSO HISTORICAL DECISION....FIRST TIME AFTER FREEDOM, DELHI WILL BE RUN BY ITS ELECTED REPRESENTATIVES.....
    KEJRIWAL WILL BE RELECTED IN DELHI NEXT TIME ALSO.....PEOPLE ARE VERY HAPPY WITH HIS WORK....LAW AND ORDER SPECIALLY IS FAR FAR BETTER THAN CONGRESS AND BJP...…..
    MORE OVER PEOPLE ARE EDUCATED AND ELECT THEIR LEADERS WISELY NOT LIKE KARNATAKA....BASED ON RELIGION, PROMICES, LOOKS, MONEY POWER ETC....
    CHEERS TO DELHI PEOPLE, YOU CAN SEE SOME DEVELOPMENT....OR CHANGE IN YOUR LIFE...

    DisAgree [17] Agree [24] Reply Report Abuse

  • mahesh, mangalore

    Wed, Jul 04 2018

    Sad that you haven't read the constitution.
    Read the powers of LG in a state like Delhi

    DisAgree [23] Agree [19] Reply Report Abuse

  • Lionel Dsouza, Mangalore

    Wed, Jul 04 2018

    YOU PLEASE READ MY COMMENTS PROPERLY....
    I NEVER SAID LG IS POWERLESS....BUT KEJRIWAL BECAME POWERFUL....NOW HE CAN TAKE DECISION WITH REGARDS TO PUBLIC BY JUST USING HIS MINISTERY....OFFCOURSE IT WILL GO TO LG....BUT LG CAN NOT REJCT AS HE WAS DOING EARLIER.....BASED ON MODI-SHAH ORDER....

    DisAgree Agree [3] Reply Report Abuse

  • Truth Teller, Karnataka

    Wed, Jul 04 2018

    The title of the article should have read as 'SC clips Modi's wings!, Delhi pollution to come down!. We have seen too much misuse of power by Modi government using LG as puppet!. Big blow to Modi!!. As expected bakhts are hiding in rat holes!!!

    DisAgree [17] Agree [25] Reply Report Abuse

  • mahesh, mangalore

    Wed, Jul 04 2018

    Nothing will happen.
    Wait and watch.
    Law itself is favouring the LG.

    DisAgree [31] Agree [21] Reply Report Abuse

  • Truth Teller, Karnataka

    Wed, Jul 04 2018

    SC ruling will override any law!

    DisAgree [19] Agree [13] Reply Report Abuse

  • mahesh, Mangalore

    Wed, Jul 04 2018

    No ,my friend.
    Court can only interpret the law.
    They cant change the law.

    DisAgree [12] Agree [20] Reply Report Abuse

  • S. Francis, udupi

    Wed, Jul 04 2018

    A big slap to Modi, Shah & the LG who were constant obstacles to democratically elected Delhi Government to carry out development work. That means, still our judiciary to some extent remained strong. Atleast now Modi & the gang must realize that they cannot show their muscle power everywhere. And that too infront of educated people like Kejriwal. BJPs downfall started from Karnataka and will spread to other states and in 2019 no suit boot ki sarkar. Long live our judiciary and democracy.

    DisAgree [3] Agree [24] Reply Report Abuse

  • PenMightierThanTheSword!, Mangalore

    Wed, Jul 04 2018

    Great decision by the Supreme Court! Slap on the face for the BJP in particular a slap on the face of Modi/Shah combine and their divisive politics!!!

    DisAgree [3] Agree [33] Reply Report Abuse

  • AMAR NATHAL, MANGALORE

    Wed, Jul 04 2018

    Shah's cow sarkaar with bauwbauw TV prachaar. Achievements some accounts swelling with hefty deposits, like that of Jay Shah. They want to control everyone and eliminate anyone who oppose their criminal ideology.

    DisAgree [2] Agree [26] Reply Report Abuse

  • Ozy, Surathkal

    Wed, Jul 04 2018

    Very good news for democracy, Since their inception BJP was behind AAP like attacking ants.

    DisAgree [3] Agree [26] Reply Report Abuse

  • SB, mlore

    Wed, Jul 04 2018

    For Dongis

    If the Verdict is against BJP, then it's SC
    If it's in favor of BjP , then it's Deepak Mishra(who delivered this Verdict as well)

    Same like Election results
    If win, win f democracy and sickularism, if Lost Blame the EVMs.

    Wa Avasthe marre

    DisAgree [22] Agree [6] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, Jul 04 2018

    I pray BJP will not commit Suicide ...

    DisAgree [6] Agree [47] Reply Report Abuse

  • Rathan, Mangalore

    Wed, Jul 04 2018

    Jossy
    BJP is not headed by pappu to do su h blunder

    DisAgree [18] Agree [4] Reply Report Abuse

  • Amith, USA

    Wed, Jul 04 2018

    Rotten, Everybody know that Balatkhari Janara party led by Vomit Shah & Feku Pakodewala, !!!!! Nothing special in that!!!!!

    DisAgree [2] Agree [12] Reply Report Abuse

  • Harold D'cunha, Mangalore, India.

    Wed, Jul 04 2018

    Rathan, Mangalore
    Failures and egostic people are most prune to commit suicide. Papa, Daku and feku,

    DisAgree [2] Agree [8] Reply Report Abuse

  • anthony, Mangalore

    Wed, Jul 04 2018

    Hope the Modi Sarkar will now respect a duly elected Govt and render all assistance instead of creating hurdles in their functioning.

    DisAgree [3] Agree [42] Reply Report Abuse


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