In a big win for Arvind Kejriwal, the Supreme Court ruled that the AAP government is the final authority in Delhi. Five top court judges unanimously agreeing that "real power lies with the elected government of Delhi. The AAP government had been long contending the decision and has also launched a signature campaign to seek full statehood for Delhi. However, the court has ruled out the "complete statehood" aspect. The court said that there is no room for absolutism and there is no room for anarchism also. The decision is being seen to be vital in deciding the future of the AAP government.
Here are the live updates of the top court's verdict on AAP vs Anil Baijal battle:
- Whatever is the order by the Supreme Court, we will run the government by that.
- CCTV and door step delivery of ration was stopped because of the Lt Governor.
- There is another issue in this regard, CCTV and door-step ration delivery has been directed to be followed immediately. LG had kept this. IAS officers required LGs permission for posting.
- I have ordered that this will change. IAS officers, central services transfers will all happen based on Chief Minister's approval.
- Minister in-charge of the concerned department will make changes to the transfers of other officers of various cadres.
ON THE JUDGMENT:
- 2 years ago, I came on a conference and spoke about certain matters on concurrent list.
- Delhi government has no powers with respect to police, land, public order. It is reserved in the constitution. Modi government had reserved another thing which is services.
- The problem started when the fourth provision was made, they wanted to make it seem like the Delhi government had no powers and that decision making was left to LG.
- All files started going to LG, he began sitting on files in the last two years. As per constitution, LG did not have the power. LG misinterpreted this provision. After today's verdict, he does not have these powers anymore, powers that were politically motivated.
ON THE PROVISION ON CABINET:
- Supreme court has said that excepting the three provisions, Delhi government has power over everything else.
- When we wanted to send Delhi teachers to Finland for training, the LG wanted powers in that as well.
- Delhi is not a state, we know that. If Parliament makes any law regarding subjects other than the three reservations, only then can the Delhi government comply.
- In every other matter, the power lies in the hands of Delhi government.
Cabinet meeting held.- Arvind Kejriwal (@ArvindKejriwal) July 4, 2018
Directed all functionaries of Del govt to function according to the order of Hon'ble SC.
Also directed to expedite proposals of doorstep delivery of rations and CCTV now.
If Modi govt had not withdrawn the powers of elected govt thro illegal orders, precious three years wud have been saved. People of Delhi are grateful to judiciary. Today's order reinforces people's faith in judiciary- Arvind Kejriwal (@ArvindKejriwal) July 4, 2018
- Supreme Court rejected AAP's argument that Delhi is a state and it's argument that Lieutenant Governor is like a Governor
- Supreme Court says Dehi government must bring it to the notice of the Lieutenant Governor before any matter is taken up for consideration and decision making
- Lieutenant Governor can disagree on any matter based on cogent reasons and in such situations Lieutenant Governor need not go by the advice Of the council of ministers and Lieutenant Governor will refer it to the President
- Issues raises by AAP in 9 appeals on ACB, Stamp duty, appointment of special public prosecutor, services etc will be decided by regular bench of Supreme Court
The Supreme Court today ruled that Arvind Kejriwal-led government is the final authority in Delhi, ruling that the Lieutenant Governor Anil Baijal has no independent power to take decisions and is bound by the elected government's advice. The top court today said that the elected government is the boss of Delhi and warned that the Lieutenant Governor cannot function as "an obstructionist"; it said "there is no room for absolutism and there is no room for anarchism also." The top court made it clear that except for anything related to land, police and public order, the Lt Governor has no independent decision-making powers under the constitution. Reading out the verdict, Chief Justice of India Dipak Misra said the Lt Governor needs to work harmoniously with the Delhi government.
"Supreme Court's verdict has done away with possibilities of blame game": Congress
Delhi Chief Minister Arvind Kejriwal has welcomed the judgment of the Supreme Court which today underscored that the powers of the Lieutenant Governor should stay within the limits set by the constitution. Mr Kejriwal, who had been involved in a tussle with the Lieutenant Governor since his government swept to power in Delhi three years ago, said it was a victory for the people of Delhi.
Don't understand how Delhi government is claiming this to be a victory? Their main plank was that this is a state whereas court has unequivocally said its not a state. They said they had exclusive executive control that was rejected too. This is a Union Territory, Centre has a role to play," BJP leader Nalin Kohli said.
Arvind Kejriwal will now have same powers that Sheila Dikshit had: Raghav Chadha
Supreme Court has cleared the fact that apart from 3 subjects, all subjects are under the Delhi government. Transferring bureaucrats will come under the Delhi government. "Arvind Kejriwal will have the same powers that Shiela Dikshit had. BJP will now have to suffer," Mr Chadha said.
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&LG 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 pic.twitter.com/UhRLmovOKN- ANI (@ANI) July 4, 2018
Now, Delhi government will not have to send their files to L-G for approval...work will not be stalled. I thank the Supreme Court, it's a big win for democracy @msisodia, Delhi Deputy Chief Minister (ANI)#AAPvsLGpic.twitter.com/BIbiWH5ZH0- NDTV (@ndtv) July 4, 2018
Its a good verdict by Supreme Court. LG and Delhi Govt have to work harmoniously,can't always have confrontation. Daily squabbles are not good for democracy. I welcome the decision: Soli Sorabjee,former Attorney General of India pic.twitter.com/pmeMyoNUnR- ANI (@ANI) July 4, 2018
Justice D Y Chandrachud in his separate but concurrent verdict said LG must realise that council of ministers are answerable to people
The Supreme Court said that the Lieutenant Governor is bound to act on the aid and advice of the council of ministers. In what AAP called a "restoration of democracy", the court also said the Lt Governor and the council of ministers must attempt to settle any matter by discussion.
The Lieutenant Governor's role cannot be "obstructionist" and he must act in harmony with the Delhi government, the Supreme Court said today. The government had challenge by a ruling of the Delhi High Court that had upheld the Lieutenant Governor as the last word in administrative issues in Delhi. In its verbal observations during the hearings, the three-judge bench of the top court, led by Chief Justice of India Dipak Mishra, had indicated that the Lieutenant-Governor appeared to have primacy under the Constitution but had to operate within some red lines.
State should enjoy freedom unsolicited interference: Supreme Court
LG should not act in a mechanical manner and stall decisions of council of ministers, says SC. The judges also said that the lieutenant governor hasn't been entrusted with independent decision making power and that the state should enjoy freedom unsolicited interference. "Popular will can't be allowed loose its purpose," it said.
Sc holds that LG is bound by the aid & advice of the Council of Ministers. LG must work harmoniously & not restrict them in every which way. LG should not act in a mechanical manner to refer every order of the Govt to the President but only exceptional ones. #HistoricVerdict- Rahul Mehra (@TheRahulMehra) July 4, 2018
Only three reserved subjects, police, land and public order with the Centre. All others under the domain of Delhi Govt.- Rahul Mehra (@TheRahulMehra) July 4, 2018
Delhi cabinet does not need concurrence of LG on its decisions: SC- Nagendar Sharma (@sharmanagendar) July 4, 2018
Government of Delhi has been restored.- Raghav Chadha (@raghav_chadha) July 4, 2018
Democracy in Delhi has been restored.
Democratic rights of people of Delhi have been restored.
Thank you, SC.
Chief Minister Arvind Kejriwal has been locked in a bitter power tussle with the centre ever since his AAP swept to power in Delhi in 2015. The Delhi government does not have control over land, bureaucracy and police. But AAP says the centre is trying to rule Delhi using the Lieutenant Governor to block its plans on other subjects such as health and education as well. Mr Kejriwal says the Lieutenant Governor has been working in a brazenly partisan fashion and at the instance of Prime Minister Narendra Modi to prevent the Delhi government.
At the heart of the Aam Aadmi Party government's petition is the argument that an elected government cannot be without any power and the constitution could not give the Lieutenant Governor powers to "stultify daily governance by sitting over files". The petition challenges the high court's decision that the Lieutenant Governor is the administrative boss of Delhi.
AAP Volunteers & Leaders spreading @ArvindKejriwal's message to Delhiites on #FullStatehood2Delhi & collecting signatures on a letter written to PM Narendra Modi asking him to grant statehood to Delhi in Tilak Nagar Constituency.#दिल्ली_मांगे_अपना_हकpic.twitter.com/zjS9EmH4qf- Aam Aadmi Party Delhi (@AAPDelhi) July 4, 2018
3-Under Sheila Dixit Govt, Aid & Advice of Elected Govt was binding on LG. LG was not free to reject schemes- Saurabh Bharadwaj (@Saurabh_MLAgk) July 4, 2018
For Kejriwal Govt, LG is free to take decisions, has been rejecting all important decisions of Govt.CCTV, Door step delivery of Ration, Muholla clinics rejected or delayed pic.twitter.com/OozXCLOjXo
REMINDER 1 - AAP Govt was formed in Feb 2015, three months later, In May 2015 , Modi Govt brought this notification which took away 'services' from AAP Govt.- Saurabh Bharadwaj (@Saurabh_MLAgk) July 4, 2018
This means Sheila Dixit Govt had all control over her officers/employees, Kejriwal Govt was left with zero control.
Under the Constitution and the law, the city government does not have any control in matters of land, bureaucracy and the police.