AAP govt to move SC; says fight is for democracy

New Delhi, August 4

The AAP government on Thursday said it will challenge the High Court order holding that the Lieutenant Governor is the administrative head of the National Capital Territory as it “undermined” the powers of the Council of Ministers given by the Constitution.

“We will move the Supreme Court against the HC verdict,” Delhi Home Minister Satyendar Jain said on Thursday.

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The Minister alleged said that the Kejriwal government has been prevented by the Centre from taking any action against corruption since it was formed.

A Delhi government spokesperson said that initial assessment of the Delhi High Court verdict shows it has “undermined powers of Council of Ministers mentioned in the Constitution”.

Aam Aadmi Party (AAP) leader Raghav Chadha said the verdict will be challenged in the Supreme Court, adding that “a democratically elected government cannot be undermined. This isn’t a fight for supremacy, but democracy”.

The High Court today said that LG is the administrative head of National Capital Territory and the AAP Government’s contention that he is bound to act on the advice of Council of Ministers was “without substance”.

The decision comes after months-long turf war between LG Najeeb Jung and Chief Minister Arvind Kejriwal.

A Bench of Chief Justice G. Rohini and Justice Jayant Nath dismissed AAP Government’s plea challenging the Centre’s May 21, 2015, notification giving absolute powers to LG in appointing bureaucrats in the National Capital.

The court also quashed several notifications issued by Kejriwal after returning to power last year, saying they were illegal as they were issued without concurrence of the LG.

AAP can’t rule like anarchists: BJP

The BJP on Thursday welcomed a High Court decision that the Aam Aadmi Party (AAP) government cannot supersede constitutional provisions and rule like anarchists.

“The High Court’s decision is correct because they were not following the constitutional provisions in Delhi. They were superseding the constitutional provisions which is unconstitutional,” Delhi BJP unit chief Satish Upadhyay said.

The Delhi High Court on Thursday said that the Lt Governor is not bound by advice of the Delhi government’s Council of Ministers and that the latter could only issue notifications after consulting the former.

“The court has made it clear to them that they have to govern Delhi under the constitutional provisions,” the BJP leader said, adding: “The role of a Lieutenant Governor and Chief Minister is defined in the Constitution for a union territory”.

The court also added that the Anti-Corruption Branch could not initiate investigation against Central government officials.

Lieutenant Governor Najeeb Jung will hold a press conference at 3.45 pm on Thursday. — PTI/ IANS

"The court has made it clear to them that they have to govern Delhi under the constitutional provisions," the BJP leader said, adding: "The role of a Lieutenant Governor and Chief Minister is defined in the constitution for an union territory".

The court also added that the Anti-Corruption Branch could not initiate investigation against central government officials.

The court's judgement came on nine different petitions arising out of the spat between the LG and Delhi's AAP government over the power to appoint bureaucrats in the national capital and other issues.

The Delhi Government has said it would appeal the order.

Lieutenant Governor Najeeb Jung will hold a press conference at 3.45 pm on Thursday. — IANS