In a major victory for the Aam Aadmi Party (AAP), the Supreme Court on Wednesday said Delhi Lieutenant Governor Anil Baijal did not have independent decision making powers, and that he was bound to act on the aid and advice of the council of ministers.

Key highlight:

The judgement pronounced in the court by Chief Justice Dipak Misra, who was heading the Constitution bench, also held that the LG cannot act as an "obstructionist".

Major takeaways:

The Supreme Court said the Lieutenant Governor has no absolute powers as Delhi is not a full state, and that the status of the Lieutenant Governor was not similar to that of governors of other states.

The executive branch would have to conform to laws made by the parliament, the apex court said.

The Lieutenant Governor would have to act on the aid and advise of the council of ministers to implement the president's decision.

Neither state nor LG should feel lionized, but realise they are serving Constitutional obligations* There is no space for absolutism or anarchy in our Constitution

Except for three issues, including land and law and order, Delhi government has the power to legislate and govern on other issues.

The decision is a major victory for Chief Minister Arvind Kejriwal's AAP government, which has been in a constant tug of war with the Lieutenant Governor over the power wielded by the two branches of the executive.

It was ruling on a batch of appeals filed by Kejriwal's government challenging the Delhi High Court's order holding the Lieutenant Governor as the administrative head of the national capital.

Virtually disagreeing with the High Court order, the Supreme Court said the Lieutenant Governor should not act in a mechanical manner and stall the decisions of the Council of Ministers.

It said the Lieutenant Governor has not been entrusted with independent powers and he can refer issues on difference of opinion to the President only in exceptional matters and not as a general rule.

The LG needs to work harmoniously with the Council of Ministers and an attempt should be made to settle the difference of opinion with discussions, the apex court said.

In his separate verdict, concurring with the rest of the judges, Justice Chandrachud said the real power vests with Council of Ministers and the Lieutenant Governor must bear in mind that it is not he but the Council of Ministers that will take the decisions.

The judge also said the Lieutenant Governor must realise that the Council of Ministers is answerable to the people.

"There is no independent authority vested with lieutenant Gogernor to take independent decisions," he said.

Justice Bhushan, who also penned a separate but concurring verdict, said all routine matters do not require consonance of the lieutenant governor.

(With inputs from PTI)

First Published:Jul 4, 2018 7:35 PM IST