Governor not allowed to interfere in day to day functioning of Delhi Government

In the recent matter of Kejriwal government v. Lieutenant Governor (Lt. Governor), the Supreme Court held that the governor cannot interfere in day to day functioning of Delhi government. The top court while interpreting Article 239 AA that gave special powers to Delhi, asserted that there must harmonious functioning between the Lt. Governor and the state cabinet and the spirit should be “ participatory” .

Chief Justice Dipak Mishra was heading a five-judge bench said, “ Actually it is a participative governance. There has to be some kind of harmony and they can't be interference on daily basis. There may be interference or discussion but it can erode the sanctity of the institution. The discussion should be value-oriented, reason-oriented. We cannot actually carve out an area of discretion on where all there can be differences.the amendment cannot be disturbed and the intent needs to respected.

In the present matter, the bench is hearing a batch of petitions filed by Delhi government against the Delhi High Court judgment of August last year which has declared the Lt governor as the administrative head of the state and ruled that he is not bound by the aid and advice of council of ministry.

This has come after four days after the bench has said that the “ prima facie” constitution gave primacy to Lt Governor in the matters of Delhi but observed Lt cannot sit on files sent for approval by the Delhi government. Lt. G cannot stultify an executive decision by sitting over a file. He must exercise his power in a reasonable time. The bench further asserted that the difference of opinion should not be of trivial nature.