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Wrong perception of LG running show in Delhi being created, Centre tells SC

By LawStreet News Network      12 January, 2023 05:52 PM      0 Comments
Wrong perception of LG running show in Delhi being created, Centre tells SC

NEW DELHI: The Centre on Wednesday denounced the Delhi government before the Supreme Court for creating a perception that it has no power because the Lieutenant Governor is supreme and does everything, saying these friction points occurred due to lack of political maturity.

Since 1992 to till date, only seven matters were referred by LG to the President citing difference of opinion, out of total 18000 files, which were cleared, Solicitor General Tushar Mehta, representing the Centre, said.

Arguing before a five-judge constitution bench led by Chief Justice D Y Chandrachud, Mehta said a wrong perception was being created inside and outside the court that there was no power with the Delhi government.

After 1992, several governments came at the state level and also in the Centre, there were several occasions when there were governments belonging to different political ideologies, he said.

In May last year, the top court had referred to a five-judge Constitution bench the issue of control of services in Delhi.

In July 2018, a five-judge bench had held that the executive power of the Union government in respect of NCT of Delhi is confined to land, police and public order under subsection 3 of Article 239AA of the Constitution.

During the hearing, rhe bench, also comprising Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha asked Mehta as to who created the posts and services.

Mehta said the central government creates the posts and emphasised that the power is with ministers, and the powers are with the council of ministers.

He said the cadre controlling authority is not strangers; they have also been chosen by the people. “We have not received a single complaint that any officer is not implementing decisions taken, we are cadre controlling authority," he said, adding that a castle built in air and a wrong perception is being created.

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