New Delhi: The Centre on Tuesday asserted in the Supreme Court that Delhi being a centrally administered Union Territory couldn’t claim exclusive executive powers, which are not envisaged under the Constitution.
Additional solicitor general Maninder Singh made this submission before a five-judge constitution bench comprising Chief Justice Dipak Misra and justices A.K. Sikri, A.M. Kanwilkar, D.Y. Chandrachud and Ashok Bhushan. The bench is hearing a batch of appeals filed by the Delhi government questioning the interference of the lieutenant governor the administration’s daily affairs.
He argued that Constitution makers have declined to confer Delhi statehood and the special status will not bring the UT of Delhi to the level of a state. Delhi not being a state, the court cannot provide Delhi the status of a state government. What is not contemplated in the constitution could not be conferred by interpretation of the provisions, Mr. Singh said.
The ASG rejected the arguments that Delhi’s executive power is co-extensive with its legislative powers and the LG was bound to act under advice of the Delhi Council of Ministers.
The ASG submitted the UT of Delhi has been given a special status in the Constitution and it is a centrally administered UT with powers vested in the President.
He said by no stretch of imagination Delhi has been conferred exclusive executive powers as contended by the Kejriwal government.
Mr. Singh argued vesting absolute or exclusive executive powers with the UT of Delhi would create chaos in the administration and such a situation has never been contemplated under the Constitution.
He said the Centre formed a panel in 1987 to consider the demands of various political parties for statehood to Delhi. The committee considered the demand, but in its report didn’t accept it and suggested that Delhi should continue to be a UT with special powers. He said Parliament while amending the Constitution, inserted Article 239 AA (4), which said there would be an Assembly to enact laws, which isn’t under the Central list.
