The Supreme Court, by a 5-0 verdict, on Wednesday upheld the Delhi government’s powers to legislate on matters under its jurisdiction, but did not take away the lieutenant governor’s power to refer contentious calls to the President, provided he did not exercise the authority “mechanically”.
n its much anticipated ruling, the Supreme Court said the L-G’s power to refer a decision of the Delhi government to the President should be used sparingly even as it did not alter the constitutional scheme for the Capital which gives the Centre control over public order, police and land. “The L-G must work harmoniously with his ministers (that is the council of ministers headed by the CM) and must not seek to resist them every step of the way...Decisions of the council of ministers must be communicated to the L-G, but this does not mean that the concurrence of the L-G is required,” the five-judge bench led by Chief Justice of India Dipak Misra ruled.
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