The Supreme Court has said that Delhi’s Lieutenant Governor has more power than the Governor of a state as he…
Supreme Court (Photo: AFP)
The Supreme Court has said that Delhi’s Lieutenant Governor has more power than the Governor of a state as he does not have to act on the aid and advice of the council of ministers all the time.
A five-judge Constitution Bench headed by Chief Justice Dipak Misra said that under Article 163, the Governor has to act on the aid and advice of the council of ministers except in the case where he has to exercise his discretion.
“The language of Article 163 is similar to Article 239AA sub clause 4 but the only difference is that the Legislative Assembly cannot make laws with respect to entries 1, 2 and 18 in which the LG can exercise his discretion. Thus, the LG has more power than a governor of state,” said the bench.
The apex court is hearing a plea of the Delhi government claiming that the LG cannot govern Delhi, has no role in the affairs of the national capital. It is only the council of ministers, headed by the chief minister, which can govern, it said.
The court is hearing a batch of pleas on who enjoys supremacy in governing the national capital, referred to in Article 239AA of the Constitution.
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