Delhi High Court told AAP Government Lieutenant Governor need not listen to Delhi cabinet


The Delhi high court on Thursday gave a blow to Arvind Kejriwal Aam Aadmi Party (AAP) government that Delhi’s Lieutenant Governor is not required to act on the advice of the Delhi cabinet. The Delhi government has said it would appeal against the Delhi HC ruling in the Supreme Court.

The Delhi HC dismissed a batch of petitions by the AAP government, that challenged the powers of the Lieutenant Governor (LG).

Kejriwal has been insisting that executive power rests in the office of the Delhi Chief Minister and that the LG is obligated to act on the advice that is given to him/her by the Delhi cabinet.

“The Lieutenant Governor is the administrative head of the National Capital Territory,” the Delhi HC declared in its decision on Thursday. “The AAP government’s contention that the LG is bound to act on advice of the council of ministers is without any substance and cannot be accepted,” the HC added.

The AAP had filed a total of nine petitions in the Delhi HC, contending that the power to make appointments and issue instructions did not rest with the LG, but with the Delhi CM. The petitions had risen out of a series of clashes between LG Najeeb Jung and the Delhi government.

The Delhi government had argued that in a democratic set up there cannot be two reporting authorities. The Centre however had contended that as a Union Territory, Delhi was not a full-fledged state, and that control over its government rests in the hands of the Union Home Ministry.

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