NEW DELHI: The position of Delhi is different from other states and the elected Government is under an obligation to apprise the Lieutenant Governor about policy decisions, the Supreme Court said today.
While hearing pleas on who enjoyed supremacy in governing the national capital, a five-judge Constitution bench headed by Chief Justice Dipak Misra referred to provisions of the Constitution, the Government of National Capital Territory of Delhi Act and the Transaction of Business of the Government of National Capital Territory of Delhi Rules and said there was “some kind of wall” which distinguished Delhi from others.
“Unlike other states, if you (Delhi Government) take a policy decision, then you have to intimate the Lieutenant Governor (LG). You are bound to intimate the LG, but you cannot say that the LG has to concur. This is the range,” the bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said.
On the issue of concurrence, the top court said there was no need for “fundamental concurrence” of LG in every aspect and there should be “real good reason” in case of difference of opinion over the decision of Government. (AGENCIES)