AAP victory: Lieutenant Governor can’t act as obstructionist, rules Supreme Court

The Supreme Court on Wednesday ruled that the Lieutenant Governor cannot act as an obstructionist to policy decisions taken by the Aam Aadmi Party (AAP) government. Pronouncing its verdict on the long-running tussle between the Centre and the Delhi’s ruling government, the Supreme Court also ruled out statehood for the national capital stating that the elected government can make rules on all subjects in the state list, except for the three issues including land and law and order.

As per the ruling, Delhi government should be allowed to legislate and govern other issues and LG cannot stall decisions mechanically adding that LG is bound by the aid and advice of the council of ministers of Delhi government.

A five-judge Constitutional Bench of the Supreme Court headed by Chief Justice of India, Dipak Misra comprised of Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan.

Reading out his judgement, Justice Chandrachud said, “Nation fails when governance fails. Institutional governance must accommodate all. LG's job is not to replace the decision of the council of ministers though he is entitled to be informed. 

Chief Justice of India Dipak Misra said, "The LG must work harmoniously with the state, the LG and council of ministers have to be constantly aligned. The relationship between Centre and State Govt should be healthy. The LG cannot act as an obstructionist. The concurrence of the LG in all matters is not necessary.”

Earlier, the AAP government accused the LG and other officials of deliberately rejecting programmes put forth by the government saying that the proposals do not meet criterions.