‘The CM should not be treated like a puppet’ Delhi Govt tells Delhi HC

Day to day hearings have commenced in the Delhi High Court to decide whether the Lt-Governor or the Chief Minister has powers to discharge important functions in the Capital..In September, a Division Bench of Chief Justice G Rohini & Justice Jayant Nath had clubbed together all matters posing the same challenge. .The Delhi Government had commenced its submissions in the issue, with Senior Counsel Dayan Krishnan leading the charge for the AAP-led government..Today, while elucidating to the Bench as to what had been the Supreme Court’s interpretation on the extent of the Governor’s power, Krishnan relied upon various judgments and submitted before the Court that under no circumstances could the LG be treated ‘as an agent of the Union.’.“The concept of ‘aid and advice’ as outlined under Article 74 (1) of the Constitution is mandatory in form. The same mandatory nature of the term ‘aid and advice’ applies to Article 239AA (special provisions with respect to Delhi) as well. In such a situation, there is a constitutional trust imposed on the Prime Minister (Under 74) as also with the Chief Minister. Therefore, he should not be dealt with like a puppet by the Union.” .Krishnan also told the Court that the GNCTD Act was enacted by the Parliament to lay down the law in a particular situation where under Article 239AA there was a ‘derivation of powers.’.With the Bench rising for the day, Krishnan is expected to continue his submissions tomorrow.