The exercise of powers by Delhi govt cannot be overruled by the Lt Governor as this would violate constitutional scheme. - Gopal Subramanium former Solicitor General The exercise of powers by Delhi govt cannot be overruled by the Lt Governor as this would violate constitutional scheme. - Gopal Subramanium former Solicitor General

Former solicitor general and senior lawyer Gopal Subramanium on Wednesday firmly backed Delhi Chief Minister Arvind Kejriwal who is at loggerheads with Lieutenant Governor Najeeb Jung over the appointment of chief secretary.

In his opinion given to Kejriwal on "powers of the Delhi government and the Lt Governor in the appointment and transfer of secretaries", Subramanium categorically said the Lt Governor cannot overrule the state government's decisions as this would "violate the constitutional scheme".

"The exercise of powers by the Delhi government cannot be overruled by the Lt Governor as this would violate constitutional scheme. In particular, it would be ultra vires Articles 14 and 239AA and would also fall foul of the basic structure of the constitution as it undermines the basic features of democracy and the Cabinet form of government," he said.

He said the Article 239AA states: "Provided that in the case of difference of opinion between the Lt Governor and his ministers on any matter, the Lt Governor shall refer it to the president for decision and act according to the decision given thereon by the president and pending such decision... take such action or to give such direction in the matter as he deems necessary."

The tussle between Kejriwal and Jung started over the appointment of senior bureaucrat Shakuntala Gamlin as the acting chief secretary. The chief minister accused Gamlin of lobbying for power distribution companies.

Legal experts are already divided on which authority has overriding powers to have a final say.

While senior Supreme Court lawyers Rajeev Dhawan and Indira Jaising, whose opinion Kejriwal had sought, accused Jung of exceeding his authority and turning the entire relationship between himself and council of ministers on its head to jeopardise democracy and the Constitution, constitutional expert and former Lok Sabha Secretary General is of the view that Delhi being a Union Territory, the L-G is the "real administrator" who has overriding powers in this regard and the chief minister and his council of ministers can only aid and advise him.

Kashyap says the L-G can either accept the advice or reject it.

