Supreme Court refers pleas to deposit demonetised notes to constitution bench

Saul Bowman
November 4, 2017

While the hearing before a five-judge apex court Bench headed by the CJI continues, four points of interest have emerged in the Delhi Government's ongoing battle with the BJP-led Central Government over the latter's alleged interference in day-to-day governance issues through its appointee, the Lieutenant Governor.

While hearing the case, the SC indicated that it may fix a time frame within which the Delhi Lt Governor should dispose of the files sent to him by the state government and in case of delay in clearing files, he will have to assign reasons.

The hearing by the two judge bench on Delhi government's appeals had seen the court favouring a balance in the exercise of powers by the Delhi government and the Lt. Governor for good governance. As politics has played out over the past couple of years in Delhi, where the Supreme Court held the L-G has clearly been given primacy under Article 239AA of the Constitution, forget collegiality even civility has sometimes been absent in the interactions between the duly elected State government led by Arvind Kejriwal and the Delhi L-G appointed by the President of India.


"More than 1.14 lakh vacancies are there, but I can not fill it up and have to seek LG's permission".

Summary: "Public order in Delhi, police or land can not be subject of executive power of government of Delhi", pointed out Justice Chandrachud. Provision (4) in the Article 239AA can not be exploited by the LG to frustrate the constitutional mandate suggested the SC adding that President should be consulted immediately in cases of difference of opinion. "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 the synergy which is relevant with respect to Article 239AA", the senior advocate said.

"I can show a series of orders of LG which are in excess of executive functions". The higher the degree of power, the higher the degree of trust, he argued before the Constitution bench. However, the Parliament has overriding powers on both the state and concurrent lists to make laws, it said.

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