New Delhi, July 5: The Aam Aadmi Party (AAP) on Wednesday won the Delhi power tussle with Lt Governor Anil Baijal and Centre after the Supreme Court unanimously ruled that L-G was constitutionally bound by the “aid and advice” of the elected government. Even though Congress and other political parties welcomed the SC’s ruling, the Bharatiya Janata Party (BJP) said that verdict was actually against “anarchist” Delhi Chief Minister Arvind Kejriwal and “now the AAP will have to perform” Also Read - Sushant Singh Rajput Death Case: Supreme Court Reserves Order, All Parties to Submit Written Note By Thursday
“We have seen Kejriwal raising politics of dharna and anarchy. He has never tried to work harmoniously. The Supreme Court has dealt a severe blow to Kejriwal. He should now leave the politics of anarchy and move towards governance,” BJP spokesperson Sambit Patra said. Patra further added that the Supreme Court “clearly said the departments of land, police and law and order are with the LG. There is no debate on this and Parliament can make laws for Delhi” and added that there’s a need for all to work without “anarchy”. Also Read - Sushant Singh Rajput's Family Lawyer Vikas Singh Fights For The Justice of The Late Actor
The five-judge Supreme Court bench headed by Chief Justice Dipak Misra on Wednesday, July 5, ruled that the real powers of governance of Delhi rest with the elected representatives and the Lt. Governor is “bound to act on the aid and advice by the Council of Ministers” and thus overturning a verdict by the Delhi High Court which had declared Lt Governor as the head of the Delhi administration. “Real authority to take decisions lie in the elected government. This is the meaning of ‘aid and advice’. The titular head has to act in accordance with aid and advice,” Justice D.Y. Chandrachud observed. Also Read - SSR Death Case: Rhea Chakraborty Opposes CBI Probe, Says Mumbai Police Investigation is 'Free And Fair'
Justice Misra also observed that the Lt. Governor doesn’t have any independent decision-making powers and cannot act “mechanical manner without due application of mind”. “In this context, even in case of differences of opinion, the Lt Governor and the NCT government should act with constitutional morality and trust for each other,” the bench said.
Welcoming the apex court’s ruling and terming it as a “landmark judgment”, Deputy Chief Minister Manish Sisodia said that from now, the Delhi government will not have to send their files to the L-G for approval and the governance will run smoothly. “…now work will not be stalled. This is a big win for the people of Delhi. Powers are restored back to Delhi. This verdict stands against the whimsicality of the LG. I thank the Supreme Court; it’s a big win for democracy,” Sisodia said.