- Real power must lie with the elected government, the court said
- All decisions of the ministers must be communicated to Lt Governor
- There is no room for absolutism and anarchism, said judges
Here are the Top 5 things the judges said:
By no stretch of imagination, NCT of Delhi can be accorded the status of a State under our present constitutional scheme.
LG is not that of a Governor of a State, rather he remains an Administrator, in a limited sense. 'Aid and advise' employed in Article 239AA(4) means the Lieutenant Governor of NCT is bound by the aid and advice of the Council of Ministers.
A balanced federal structure mandates that the Union does not usurp all powers and the States enjoy freedom without any unsolicited interference from Centre.
The Lieutenant Governor has not been entrusted with any independent decision¬ making power. L-G should not act in a mechanical manner without due application of mind so as to refer every decision of the Council of Ministers to the President.
The difference of opinion between L-G and the Council of Ministers should have a sound rationale. The difference of opinion should not be exposition of an obstructionist but of affirmative constructionism.