In a major victory to Delhi Chief Minister Arvind Kejriwal, the Supreme Court on Wednesday unanimously ruled that the real powers of governance of Delhi rests with the elected representatives.
The Lieutenant Governor was bound by the aid and advice of the Council of Minister in all the areas except land, police and law and order, the five-judge Bench ruled.
Noting that the real authority to take decisions lie in the elected government, the court said this was the meaning of ‘aid and advice, and titular head (LG) has to act in accordance to aid and advice.
It said that Delhi can legislate on any issue that falls in the State list or the Concurrent list except for three areas of land, police, law and order.
It further ruled that in case of difference of opinion with the Council of Ministers, the LG has to refer the matter to the President, whose decision then would be binding.
The court further stated that the decisions of the Council of Ministers has to be communicated to the LG but that does not mean that the Council of Ministers requires his concurrence.