File photo of CM Arvind Kejriwal and Delhi LG Anil Baijal | Photo Credit: BCCL

New Delhi: The Supreme Court on Wednesday told Arvind Kejriwal's Aam Aadmi Party (AAP) and Delhi Lieutenant Governor (L-G) that the two must work harmoniously, for the benefit of Delhi. The SC bench headed by Chief Justice of India (CJI) Dipak Misra ruled that the office of the L-G cannot work independently and cannot be 'obstructionist'. The tussle pertains to claiming administrative control over the national capital. The apex court had reserved its judgment in the plea by AAP, challenging the Delhi High court verdict which had underlined that Delhi is a Union Territory and L-G its de-facto administrative head.

As it happened:

12.36 pm: "Mr Kejriwal should contemplate governance instead of publicity stunts," says BJP's Sambit Patra. He added that the decision is a big blow to the Arvind Kejriwal government in Delhi as the SC has categorically said that police and law and order are under the office of the L-G.

12.10 pm: "Yes what SC said is correct that LG must respect Delhi cabinet decisions, but if any anti-national security or anti-constitutional decision is taken, which they are capable of taking, as they are Naxalite type people, then LG can oppose," Subramanian Swamy, BJP MP

Yes what SC said is correct that LG must respect Delhi cabinet decisions, but if any anti-national security or anti-constitutional decision is taken, which they are capable of taking, as they are Naxalite type people, then LG can oppose: Subramanian Swamy, BJP MP

12.04 pm: "It's a good verdict by Supreme Court. LG and Delhi Govt have to work harmoniously. They can't always have a confrontation. Daily squabbles are not good for democracy. I welcome the decision," says Soli Sorabjee, former Attorney General of India while commenting on the Supreme Court verdict.

11.53 am: "A big victory for the people of Delhi...a big victory for democracy...," Delhi Chief Minister Kejriwal tweeted. The apex court today held that Lieutenant Governor Anil Baijal does not have independent decision-making powers, and is bound to act on the aid and advice of the Council of Ministers.

11.43 am: "I think what SC has said is very clear. As per Article 239 (AA) of the Constitution, Delhi is not a state, it is a UT. If Delhi Govt & L-G don't work together then Delhi will face problems. Congress ruled Delhi for 15 years, no conflict took place then," Sheila Dikshit, Former Delhi CM says.

11.38 am: "Its a landmark judgment by Supreme Court. Now Delhi Govt will not have to send their files to LG for approval, now work will not be stalled. I thank the SC, it's a big win for democracy," says Manish Sisodia, Delhi Deputy Chief Minister.

Its a landmark judgment by Supreme Court. Now Delhi Govt will not have to send their files to LG for approval, now work will not be stalled. I thank the SC, it's a big win for democracy

11.28 am: A unanimous decision of Constitution bench--- Delhi is a union territory, not a state. Center and state govt have executive power. All decisions have to be communicated to the LG but his concurrence is NOT required. "Power of the LG to disagree is recognised but LG has to give reasons. Cannot be obstructionist,"- SC

Power of the LG to disagree is recognised but LG has to give reasons. Cannot be obstructionist

11.25 am: Special constitutional provisions for Delhi recognise that Delhi is of national importance. The difference of opinion between LG and govt must be substantive. LG must bear in mind that it is NOT he but the elected cabinet that takes the decisions. Union of India can make laws on issues that implicate vital interest of the country.

11.24 am: Communication of all decisions to LG is necessary. Purpose of communication is NOT to ensure concurrence but to ensure a smooth running of governance. LG has a substantive power under 239AA but must act on aid and advice of the cabinet. Constitution has the cabinet form of government.

11.20 am: Governance also depends on People and political parties that they will send up. Parliament has the power to make laws on the subjects enumerated in the concurrent list. The aid and advice given by council if ministers are binding on the LG unless he chooses to exercise a discretionary power.

11.18 am: Justice Ashok Bhushan speaking now. Neither provisions of 239 AA nor conduct of business rules require prior concurrence of LG. LG has to be informed but has to act on the advice of the cabinet. However good the constitution may be it may turn bad if those who are working then out to be a bad lot.

11.14 am: Balance has to be struck with the special status of the NCT of Delhi. 'Lt Governor cannot refer all matters to the President.' Also adds 'Delhi cannot have full statehood in view of an earlier nine-judge judgment.'

11.10 am: Crucial to ensuring the government is responsible. The doctrine of "aid and advice"--- ensures that decision making in the name of the titular head but decision making is done by the elected representative. Real power and substantive accountability vested in the elected representative.

11.09 am: Constitution has NO Space for anarchy-- says SC majority opinion. Constitution morality requires that government speaks as one--- says Justice DY Chandrachud. Unelected public officials who work on daily governance are also part of governance. Collective responsibility recognises differences of opinion but binds decisionmakers.

11.04 am: Constitutional morality specifies norms for institutions to survive. As a political document, the constitution is the expression of the sovereignty of the people.

The secular ideology of the constitution. Freedom liberty achieved on the secular ideology. Provides an expression for fine print of governance

11.02 am: The LG must work harmoniously with the state. Justice DY Chandra Chud reading out his opinion now. "The dispute in these cases tell us how important constitution is. Role of institutions in achieving democracy is important. National fail if institutions fail.



10.56 am: Decision of council of ministers must be informed to LG but it does not mean that concurrence is required. Neither authority should feel they are being lionised. Constitution has no space for absolution. Constitutional functionaries are expected to understand the constitutional responsibility- SC.

Constitutional functionaries are expected to understand constitutional responsibility: SC

10.54 am: Settle difference by dialogue, SC tells AAP and Centre. 'LG must work harmoniously with ministers and must not work to restrict them' says the court.

10.44 am: What must be kept prime in mind is that constitution is dynamic and federalism is a basic premise- CJI Dipak Misra

10.39 am: Chief Justice of India (CJI) Dipak Misra begins reading the judgment

Background

A five-judge Constitution bench of the Supreme Court, in November 2017, observed that a go-ahead from the office of the LG is required to govern the national capital. The bench had stated that the LG cannot sit on files beyond a reasonable period. The SC bench that comprised of CJI Dipak Misra and justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan had reserved the verdict after a 15-day long hearing.

The Centre, while countering the allegations by AAP that the LG sat on files beyond a reasonable period, had told the SC bench that AAP cannot run Delhi as a state government as it is a Union Territory. Most recently, Chief Minister Kejriwal, along with Deputy Chief Minister Manish Sisodia and others sat on a nine-day sit-in strike at Raj Niwas, the office-cum-residence of Delhi Lieutenant Governor Anil Baijal, urging the LG to direct IAS officers of Delhi government to end their undeclared strike.

In a meeting that took place on Sunday, the AAP leaders also decided to start a campaign demanding full statehood for Delhi. The signature campaign, which was kicked-off on July 3, aims at gathering signatures in support of full statehood for Delhi. The demand will then be submitted to PM Narendra Modi.