The Supreme Court has given its verdict on the battle of rights between the Deputy Governor and the Chief Minister in Delhi on Wednesday.
The Supreme Court has said in its decision that the Lt. Governor of Delhi has no right to take independent decisions and should work only on the cooperation and advice of the Council of Ministers.
The five-member Constitution Bench headed by Chief Justice said that the role of the Lieutenant Governor should not be inhibitor.
The court said in its decision that all the decisions should be made to the Lt. Governor for the Council of Ministers, but this does not mean that their consent is necessary.
According to the court, “there should be no autocracy and chaos.”
The Court has also said that excepting the land, the law and order, the Delhi government has the right to make laws and apply it on all other subjects.
Reaction of both sides after the decision
Additional Attorney General Maninder Singh said on the verdict, “Delhi government’s logic in which he has not accepted the Delhi government as a state and accepted the reason for accepting the deputy governor of Delhi like other governors, the court has said again. That is a union territory rather than a state. ”
After this decision, Deputy Chief Minister Manish Sisodia said, “The Supreme Court has given an important decision in which he has described the people of Delhi as the Supreme. In this judgment, it is said that in the democracy, the people of the Supreme and the public The elected government is supreme. Only three subjects in Delhi are the police, the law and the reserve are reserved. Now the elected government of Delhi has its own files. There is no need to send to Laji for his approval. The service sector is now with the Delhi government. ”
Delhi Government claims that now the rights to transfer, posting of officials in Delhi have come to the government.
Congress leader Sheela Dikshit has said in response to this decision, “The Supreme Court has clarified the situation, according to Section 239 (AA) of the Constitution, Delhi is not a state but a union territory, hence its power is the second Not to be equated with the powers of the states. ”
Battle of title on Delhi
With this decision of the Supreme Court, it has been decided that who in Delhi and Delhi will have more legal rights than the Chief Minister and the Lt Governor.
But Arvind Kejriwal is not the first Chief Minister who has decided to fight the legal battle over this issue.
Earlier, in 1952, when the leader of Congress party Brahma Prakash was the Chief Minister of Delhi, in the year 1952, there was a long-standing agony with Chief Commissioner Anand D. Pundit.
After this, the Chief Minister had to resign in 1955 and in 1956 the state’s status was stripped from Delhi.
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After this, the BJP, the Congress and the Aam Aadmi Party, which have formed a government in Delhi, have been raising the demand for full statehood for Delhi at their own time.
When the amendment proposal came to Parliament
Not only this, in the year 2003, to bring the full state of Delhi to an amendment proposal in Parliament was presented.
On behalf of the Vajpayee Government, then Home Minister LK Advani proposed amendment in the Parliament.
It was talked about keeping the police and the law system under the center.
But with the completion of the term of parliament, the bill itself has been canceled.
Sheila Dikshit, Congress leader and three times the Chief Minister of Delhi, had made similar efforts in her own time.
But recently, Sheila Dikshit has said that in our time, we worked with the coordination with the Vajpayee Government, the work of Delhi Metro was completed.
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Delhi’s Deputy Governor Anil Baijal
They also said that the state government can demand full state status but this is an unrealistic demand.
Changes in Laws Needed
Through the 69th Amendment Bill of the Constitution, Delhi has been given a partial status in December 1991.
But under the provisions of section 1, 2 and 18 of the Seventh Paragraph of the Constitution, the Central Government had kept the authority of the administration, police and the land that got the government.
The present situation is that if there is an atmosphere of mess in the system of police and administration on any issue, then the Chief Minister of Delhi can demand just action.
In such cases, Delhi Police can be made under the state government only if the proposal related to it is passed from the Indian Parliament.
According to the existing provisions, Delhi Police is not answerable to local legislators and the Delhi government.
Even before Kejriwal, Chief Minister of the state Sheila Dikshit had also been demanding that the Delhi Police be made under the Delhi Government.
The demand for police system to be taken under the state government has been reasonably considered to handle people of about 1.7 crore population and to diagnose their problems.
What is the interest of Kejri, with the forgiveness, ‘You’?