Justice Chandrachud said that the President exercises his administrative control over Union Territory through Lt Governor, and if there are specific instances of excesses, then the court can address them. There were also some grey areas where the Delhi government had no footprints.
A bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud while disposing of their individual petitions asked them to file applications in the pending petitions which would be handled by the constitution bench later. You are an elected government but these are parts of law, governing Delhi.
Pushing for more power for the state government in areas of public order and land, he said, "I am not questioning parliamentary supremacy but an elected government can not be sans power".
The Constitution has given a face and identity to a government in Delhi after inclusion of Article 239AA and the executive decisions taken and implemented by it can not be reversed by the LG, it had contended.
Lieutenant Governor Anil Baijal, Chief Minister Arvind Kejriwal, in New Delhi (Praveen Khanna/file) Lieutenant Governor Anil Baijal, Chief Minister Arvind Kejriwal, in New Delhi (Praveen Khanna/file) The Supreme Court Thursday reminded the Arvind Kejriwal government that there were limitations to its powers under the Constitution, but added that in matters where the Lieutenant Governor (L-G) had differences with it, he could not sit on files.
Fresh scrutiny for Sessions on Capitol Hill amid Russian Federation probe
White House spokeswoman Sarah Huckabee Sanders told the Des Moines Register that officials respect his decision to withdraw. The hearing marked a return to the Judiciary Committee for Sessions, who served on it for years as a Republican senator.
The matter was referred to the constitution bench by the bench of Justice Sikri and Justice R.K.Agrawal on February 15.
Assailing this finding Mr Subramanium said the HC verdict subverted the democratic governance structure put by a constitutional arrangement, which recognises Delhi's special powers despite being a Union Territory.
Agreeing with the apex court's prima facie observations on the issue, senior advocate Gopal Subramanium said there should be a "harmonious construction" of the legal provisions and the Constitution.
"We issue notice. Let the matter be listed for hearing on November 13", the bench said. The higher the degree of power, the higher the degree of trust, he argued before the Constitution bench.