The Supreme Court on Thursday said the lieutenant governor of Delhi has more power than the governor of a state because the former does not have the aid and advice of the council of ministers, PTI reported. The court was hearing pleas on who enjoys supremacy in governing the national Capital – the Delhi government or the lieutenant governor.
The Aam Aadmi Party government claimed that the lieutenant governor has no role in the affairs of the national Capital, and only the chief minister and his council of ministers can govern.
“The LG can’t pick and choose from the wide canvas of Delhi’s various allocations of business,” argued advocate Rajeev Dhawan representing the Delhi government. “If there is some disagreement between the council of ministers and the LG over some issue, it has to be resolved through negotiations and if that too fails, then the President has to take a call,” he added.
The Supreme Court said the lieutenant governor can exercise his discretion according to Article 239AA of the Constitution. The bench said land, police and public orders fall under the domain of the Centre, and the Delhi Assembly cannot make laws regarding these subjects.
On Tuesday, during the hearing, advocate Indira Jaising, who is also representing the Aam Aadmi Party government, said having “two captains of a ship” would lead to chaos. During the November 7 hearing, the Supreme Court had observed that the lieutenant governor of Delhi had the power to block decisions of the state government but such disagreements must not be trivial or contrived.