In a landmark judgement, the Supreme Court on Wednesday held that the Lieutenant Governor (L-G) of NCT of Delhi has no absolute or over-riding powers and he is bound by the aid and advice of the council of ministers.
A five-judge Constitution Bench headed by the Chief Justice Dipak Misra gave this 535-page ruling on a batch of petitions filed by the Kejriwal government challenging the obstructions caused by the L-G in the day-to-day administration.
The court, however, held that Delhi is a Union Territory with special status and cannot be construed as a state as a nine-judge Bench of the apex court has already made the position clear.
The CJI for himself and Justices A.K. Sikri held that the L-G has not been entrusted with any independent decisionmaking power. He has to either act on the “aid and advice” of Council of Ministers or he is bound to implement the decision taken by the President on a reference being made by him.
Justices D.Y. Chandrachud and Ashok Bhushan gave different but concurrent judgements with additional reasons.
The Constitution Bench had heard arguments on a batch of special leave petitions filed by the Delhi government against a judgement of the Delhi High Court, which held that the L-G was the administrative head of the capital and was not bound by the aid and advice of the Chief Minister or council of ministers.