SC rules Lt. Governor does not have independent powers; Says, LG is bound to act on Council of Ministers' aid and advice

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Jul 04, 2018

8:10PM

SC rules Lt. Governor does not have independent powers; Says, LG is bound to act on Council of Ministers' aid and advice

The Supreme Court today held that Lieutenant Governor does not have independent decision-making powers, and is bound to act on the aid and advice of the Council of Ministers.

The apex court was ruling on a batch of appeals filed by the Delhi government challenging the High Court's order holding the LG as the administrative head of the national capital. The judgement pronounced by Chief Justice Dipak Misra, who was heading a five judge Constitution bench, also held that the LG cannot act as an obstructionist.

The bench said, all decisions of the Council of Ministers must be communicated to the LG but that does not mean his concurrence is required. It said, the LG can refer issues on difference of opinion to the President.

The top court also said, except for three issues, including land and law and order, the Delhi government has the power to legislate and govern on other issues.