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LG Has Statutory Power to Disagree With Government: Centre to HC

Published: 04th February 2016 09:01 PM  |   Last Updated: 04th February 2016 09:01 PM   |  A+A-

By PTI

NEW DELHI: The Centre today told the Delhi High Court that the LG has the statutory power to disagree with the city government and when a decision is taken in his name, files have to be shown to him.    

Continuing his argument before the bench of Chief Justice G Rohini and Justice Jayant Nath, Additional Solicitor General (ASG) Sanjay Jain said theLieutenant Governor (LG) is different from Governor because the former can disagree with the council of ministers.  

"There cannot be a situation that a decision is taken in the name of LG, but you (GNCTD) will not show him the files. For normal smooth governance, LG agrees with the council of ministers and even if he has to disagree, the concerned paper and file has to be on his table.     

"LG is different from Governor because he can disagree with council of ministers. And the extent of disagreement can be on any matter or on all matters. These are the statuatory powers given to LG," Jain said.   

The submissions were made by the ASG during the final hearing on the issue of interpretation of Article 239AA regarding the powers of the LG on the governance of Delhi.            A total of eleven cases arising out of the spat between the LG and the Delhi government, are being heard together by the bench headed by the Chief Justice.         He further said that "though we may say NCT or GNCTD, but still Delhi is not a full-fledged state as it is a different kind of state or rather a Union Territory (UT)."           

"There are several UTs but all UTs are not alike. Laws on the consitutional position can be different in various UTs. Article 239AA of the constitution envisages a legislature for a UT but not all UTs. Like Andaman and Nicobar which does not have a legislature," he said.  

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