Najeeb Jung, not Arvind Kejriwal, is Delhi’s boss

In a major setback to the AAP government, the Delhi high court on Thursday ruled that lieutenant-governor Najeeb Jung was not required to act on the advice of chief minister Arvind Kejriwal’s Cabinet as he is the administrative head of the National Capital Territory.

The ruling by a division bench headed by Chief Justice G. Rohini dealt a major blow to Mr Kejriwal’s bid to corner more executive powers into the Delhi CM’s office. The AAP government reacted immediately and said that it would appeal against the judgment in the Supreme Court.

State health minister Satyendar Jain said that the Aam Aadmi Party government will approach the Supreme Court. “Only the Supreme Court can articulate the Constitution the right way,” he said.

The 194-page judgment, which came at a time when Mr Kejriwal is away for 10 days of Vipasana (Buddhist meditation course), said the special constitutional provision incorporated for Delhi —Article 239AA — does not “dilute” Article 239. And, hence, concurrence of the L-G in administrative issues is “mandatory”.

Under Article 239 of the Constitution, every Union Territory is to be administered by the President acting through an administrator appointed by him. In the case of Delhi, by virtue of Article 239AA of the Constitution, the administrator appointed under Article 239, currently Mr Jung, is designated as the lieutenant-governor.

The court did not accept AAP government’s contention that the L-G is bound to act only on the aid and advice of the chief minister and his Council of Ministers with regard to making laws by the Legislative Assembly under the Article 239AA and termed it as “without substance”.

The court said the national capital continues to remain a Union Territory under the Constitution and does not acquire the status of a state with the L-G its administrative head. “On a reading of Article 239 and Article 239AA of the Constitution together with the provisions of the Government of National Capital Territory of Delhi Act, 1991, and Transaction of Business of the Government of NCT of Delhi Rules, 1993, it becomes manifest that Delhi continues to be a Union Territory even after the Constitution (69th Amendment) Act, 1991 inserting Article 239AA making special provisions with respect to Delhi,” it said.

The court also dismissed the AAP government’s plea challenging the Centre’s May 21, 2015, notification giving absolute powers to L-G in appointing bureaucrats in the national capital. It also quashed several notifications issued by Mr Kejriwal after returning to power last year, saying they were illegal as they were issued without the concurrence of the L-G.

The judgment made it clear that the L-G has all executive powers in matters related to land, law and order, and police. All the decisions of the government having financial implications will have to have prior approval of the L-G. Even all the super scale transfers and postings of senior bureaucrats of the rank of secretaries and principal secretaries can be effected only with the L-G’s consent. The court held that every dispute arising between a state and the Centre while discharging their respective executive powers cannot be construed as a conflict which can be heard only by the Supreme Court.

The AAP government had contended that Article 239AA of the Constitution which came into existence with a 1991 amendment, confers special status to National Capital Territory for its administration by the state legislature which was earlier in the hands of the LG under Article 239.

Brushing aside the contention, the court said the national capital continues to remain a UT under the Constitution and does not acquire the status of a state.