Delhi High Court reject’s AAP claims versus Lt. Governor [Read judgment]

In a 194-page judgment, G Rohini CJ and Jayant Nath J of the Delhi High Court have rejected the claims of the AAP party against the Union of India, and more specifically the Lt. Governor of Delhi..The High Court has held that Delhi continues to be a Union Territory, and that the Lt. Governor of Delhi is not bound to act only on the “aid and advice” of the Delhi Legislative Assembly..The court has also held that,.“It is mandatory under the constitutional scheme to communicate the decision of the Council of Ministers to the Lt. Governor even in relation to the matters in respect of which power to make laws has been conferred on the Legislative Assembly of NCT of Delhi under clause (3)(a) of Article 239AA of the Constitution and an order thereon can be issued only where the Lt. Governor does not take a different view and no reference to the Central Government is required in terms of the proviso to clause (4) of Article 239AA of the Constitution read with Chapter V of the Transaction of Business of the Government of NCT of Delhi Rules, 1993.”.At the hear of the matter lies a notification issued in May last year which states that,.“In accordance with the provisions contained in article 239 and sub-clause (a) of clause (3) of 239AA, the President hereby directs that –.subject to his control and further orders, the Lieutenant Governor of the National Capital Territory of Delhi, shall in respect of matters connected with ‘Public Order’, ‘Police’, ‘Land’ and ‘Services’ as stated hereinabove, exercise the powers and discharge the functions of the Central Government, to the extent delegated to him from time to time by the President..Provided that the Lieutenant Governor of the National Capital Territory of Delhi may, in his discretion, obtain the views of the Chief Minister of the National Capital Territory of Delhi in regard to the matter of ‘Services’ wherever he deems it appropriate.”.It also goes on to say that the Anti-Corruption Branch Police Station shall not take any cognizance of offences against officers, employees and functionaries of the Central Government. The AAP government claimed that this notification was a gross abuse of power and ultra vires the constitutional scheme..The matter naturally attracted the biggest lawyers in the capital..Senior counsel, and former ASG, Indira Jaising, senior advocates HS Phoolka, Rajeev Dhawan, Kirti Uppal, PP Rao, Sudhir Nandrajog, Siddharth Luthra and Dayan Krishnan, and ASG Sanjay Jain are just some of the lawyers who appeared in the matter..The Delhi High Court has seen a flurry of petitions since May last year, highlighting the bitter relationship between the Centre and the state government. In fact, one of those matters even reached the Supreme Court recently. The apex court, however, was reluctant to hear the Delhi government before the pronouncement of the High Court’s order..But to the apex court this matter will go with AAP spokesperson, Raghav Chadha, confirming the move..Read the complete judgment below.