New Delhi: In a landmark judgement, the Supreme Court on Wednesday held that the Lieutenant Governor (L-G) of NCT of Delhi has no absolute or over-riding powers and he is bound by the aid and advice of the council of ministers.
The Centre must allow the concepts of pragmatic federalism and federal balance to prevail by giving the NCT of Delhi some degree of required independence in its functioning subject to the limitations imposed by the Constitution.
The CJI said the elected representatives and the Council of Ministers of Delhi, being accountable to the voters of Delhi, must have the appropriate powers so as to perform their functions effectively and efficiently.
The CJI said a representative form of government should not become a government by elites where the representatives so elected do nothing to give effect to the will of the sovereign. The L-G should function keeping in mind the standards of constitutional trust and morality, the principle of collaborative federalism and constitutional balance.
The L-G should not “usurp the powers” and act in a mechanical manner without due application of mind so as to refer every decision of the Council of Ministers to the President.
