Reference Text
Time Left10:00
In
ruling
that
the
Lieutenant
Governor
of
Delhi
has
no
independent
decision-making
power,
and
has
to
act
mainly
on
the
aid
and
advice
of
the
Council
of
Ministers,
the
Supreme
Court
has
restored
the
primary
role
played
by
the
'representative
government'
in
the
National
Capital
Territory.
Though
seen
as
a
Union
Territory,
Delhi
was
created
as
a
separate
category,
with
an
elected
Assembly
with
powers
to
enact
laws
in
all
matters
falling
under
the
State
and
Concurrent
lists,
with
the
exception
of
public
order,
police
and
land.
This
gave
it
a
status
higher
than
other
UTs.
The
demand
for
full
statehood
has
been
around
for
many
years
now,
but
after
the
Aam
Aadmi
Party
came
to
power
the
constitutional
tussle
between
the
two
tiers
of
government
has
become
an
acrimonious
battle
between
AAP
and
the
BJP
at
the
Centre.
Until
now,
the
situation
was
tilted
in
favour
of
the
Centre
because
of
the
Lt.
Governor's
claim
that
he
had
the
authority
to
refer
any
matter
to
the
President.
The
proviso
that
allowed
him
to
make
such
a
reference
was
used
to
block
major
decisions
of
the
AAP
regime.
The
Delhi
High
Court
agreed
with
this
two
years
ago,
giving
the
impression
that
administrative
decisions
needed
the
Lt.
Governor's
concurrence.
In
a
judgment
that
essentially
reaffirms
the
constitutional
position,
the
Supreme
Court
has
ruled
that
the
Lt.
Governor
has
to
ordinarily
act
on
the
aid
and
advice
of
the
Council
of
Ministers.
At
the
same
time,
it
has
retained
the
Lt.
Governor's
powers
to
refer
matters
to
the
President
for
a
decision.
However
and
this
is
the
nub
of
the
judgment
it
has
significantly
circumscribed
this
power.
The
power
to
refer
'any
matter'
to
the
President
no
longer
means
'every
matter'.
Further,
there
is
no
requirement
of
the
Lt.
Governor's
concurrence
for
any
proposal.
The
‘reference'
clause
may
give
rise
to
conflict
even
now.
However,
the
court
has
significantly
limited
its
potential
for
mischief.
It
has
not
given
an
exhaustive
list
of
matters
that
can
be
referred,
but
Justice
D.Y.
Chandrachud,
in
a
separate
but
concurring
opinion,
has
indicated
that
it
could
'encompass
substantial
issues
of
finance
and
policy
which
impact
upon
the
status
of
the
national
capital
or
implicate
vital
interests
of
the
Union.'
Every
trivial
difference
of
opinion
will
not
fall
under
the
proviso.
Overall,
the
verdict
is
an
appeal
to
a
sense
of
constitutional
morality
and
constitutional
trust
among
high
functionaries.
It
has
ruled
out
Mr.
Kejriwal's
demand
of
full
statehood,
and
the
critical
powers
over
police,
land
and
public
order
still
remain
vested
with
the
Centre.
However,
the
court
having
stressed
that
the
elected
government
is
the
main
authority
in
Delhi's
administration,
the
controversies
over
the
arbitrary