Baijal can intervene only when we exceed power, tells Delhi govt to apex court.

New Delhi: The Delhi government on Thursday asserted in the Supreme Court that lieutenant governor (LG) Anil Baijal could interfere with the executive decisions of the government only when it exceeds its powers.

Making this submission before a five judge bench comprising the Chief Justice of India and justices A.K. Sikri, A.M. Kanwilkar, D.Y. Chandrachud and Ashok Bhushan, senior counsel Rajeev Dhavan said the L-G was only a “go-between” the Council of Ministers and the President and he could interfere and seek the opinion of the President if the talks failed to resolve the issue.

Mr Dhavan said, “When you have governments of different ideologies at the Centre and Delhi, you cannot be at loggerheads on every issue of governance. Only restraint will make governance work.”

He wanted the apex court to work out the framework in which all three constitutional functionaries — the President who appoints the Council of Ministers, the elected government and the LG — work in tandem in furtherance of the common cause of good governance.

The counsel also submitted that Delhi has more than 100 departments and one LG cannot run such a vast expanse of departments. It will require 40 LGs. The LG cannot run Delhi. Nowhere in the Constitution has he been assigned this role. The LG has the power to receive information, not to interfere.”

The counsel also said the LG could not say that he would not allow the Delhi government to exercise powers illegally (in areas exclusively earmarked for the Centre). He can raise a dispute in these areas if talks (over the issue with the elected government) fail.” Arguments will continue on November 24.