Delhi's Lieutenant Governor (L-G) cannot be an obstructionist, does not have independent decision-making powers and must listen to the city government, the Supreme Court ruled on Wednesday.
The order came on an appeal filed by the AAP government against a Delhi High Court order of 2016 that had made the Centre-appointed bureaucrat as the sole administrator of the national capital.
A five-judge Constitution bench headed by Chief Justice of India, Dipak Misra, has also tried to do a balancing act between the two bitterly fighting power centres, laying down rules for Delhi's smooth governance.
It clearly said there is no room for absolutism and anarchism, in an indirect reference to frequent dharnas by Chief Minister Arvind Kejriwal, and his demand for absolute powers. "Sometimes it is argued, though in a different context, that one can be a 'rational anarchist', but the said term has no entry in the field of constitutional governance and rule of law," the court said.
It said neither the State nor the L-G should feel they are lionised, and must realise they are serving Constitutional obligations.
"They are for smooth administration and welfare of the people. They must discharge their duties faithfully. There is a requirement of discussion and deliberation," the court said.
"The fine nuances are to be discussed with mutual respect," the court added.
It said the L-G is bound by the aid and advice of the Council of Ministers, and its decisions must be communicated to him, but that does not mean his concurrence is required in all matters. "Respect needs to be given to the representative government," it said. The office of the L-G has been locked in a power struggle since AAP swept to power in Delhi some three years ago.
The L-G's special power of referring matters of conflict to the President needs to be exercised in exceptional cases and not routinely, said the court. "He must not mechanically refer every matter. He must apply his mind before doing so," it said.
The L-G continues to control matters such as land, policing and services. The court said that except for these issues, the Delhi government has the power to legislate and govern.
The court said the L-G must realise the real power vests with the Council of Ministers that is answerable to the people.
In February 2015, AAP surpassed the wildest of expectations and swept the Delhi Assembly elections. But the unprecedented mandate seemed to have been lost — amid ugly fights for greater control over the national capital. AAP has been saying that the L-G office blocks its decisions — an allegation denied by the Centre.
The alleged assault of Delhi Chief Secretary Anshu Prakash by two AAP MLAs at the Chief Minister's residence in February was unprecedented and marked a complete breakdown of the already soured equations between Kejriwal and bureaucrats.
In the last three years, the AAP government has had numerous stand-offs with the bureaucracy and the Centre, over various issues like appointment of officials and alleged misuse of investigative agencies.
One such confrontation broke when Kejriwal's Principal Secretary Rajendra Kumar was arrested by the CBI in 2016 for alleged corruption.
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