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LG's decision would prevail in disputes: SC

05 November 2017

The government said it would not act against such persons until the Supreme Court finally disposes off the matter.

He said the challenge is to Article 239 AA by virtue of which special status is accorded to Delhi. The SC then asked these petitioners to intervene in the main petition which challenges the validity of demonetisation and which is pending before a five-judge bench. "It was not a structural addition to the Constitution and has been founded on constitutional values of accountability, transparency and amenity to the rule of law, which need to be considered in this case", he said.

It is, however, pretty clear that regardless of the political hue of the governments in power in the State and at the Centre, maintenance of public order and security, police and land will not for the foreseeable future, if ever, be handed over to the domain of the State Government given Delhi's unique status as Capital of the Indian Union.

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He sought a balance between the powers of the Lieutenant Governor (L-G) and the state government, arguing that even if the L-G had greater powers under the Constitution, they should be exercised only in exceptional circumstances.

"We think it appropriate that the writ petitioners shall file interlocutory pleas in the pending writ petition... before the Constitution bench", the court said.

AAP government's counsel pointed out that an elected government can not be without any power.

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On September 9, 2016, the apex court had refused to grant an interim stay on the verdict of the Delhi High Court of August 4 previous year.

The bench observed that the provision is an in-built exception provided in the Constitution and prima facie it appears that overriding powers are given to the L-G through Article 239AA.

Subramanium cited the instances of Lt. Governor holding meeting with the officials without the presence of Ministers concerned and issuing instructions. The final decision is taken by the President. The arguments of the Aam Aadmi government was inconclusive today and would continue on Tuesday.

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LG's decision would prevail in disputes: SC