Delhi govt moves SC to set up constitutional bench for appeal against Lieutenant Governor's powers

The Aam Aadmi Party (AAP) Government on Monday moved the Supreme Court seeking setting up of a constitution bench to decide its appeal against the Delhi High Court's order that the Lieutenant Governor is the administrative head of Delhi.

The Delhi Government's lawyer Gopal Subramanian mentioned the matter before the apex court bench headed by Chief Justice of India Jagdish Singh Khehar. In an earlier hearing, the Supreme Court had said the Delhi Government and the Lieutenant Governor can carry on with their 'Mahabharat' as long as they want but the people cannot be made to suffer due to their fight. After looking at the matter for more than five months, a two judge bench of the Supreme Court had on February 15 referred to a constitution bench all petitions pertaining to power between the Delhi Government and the Centre. The High Court said that Delhi is a Union Territory and the administrative powers of the Lieutenant Governor continue to be the supreme.

The AAP Government had challenged the August 4, 2016, judgement of the Delhi High Court that declared the Lieutenant Governor as the "administrative head" and ruled that he is not bound by the advice of the Council of Ministers. The Centre had also been demanding that the matter should be referred to a constitution bench.