SC Says CM Is Executive Head Of Delhi Govt: Delhi Will Remain A Union Territory

THE Supreme Court of India has ended the tussle for executive power between the Delhi’s Lieutenant Governor and Chief Minister through a landmark judgement .The LG has been asked not to interfere in all the actions taken by the Council of Ministers and not act as an “obstructionist” but act as a felicitator. He should function on the advice and decisions taken by the Union Territory’s Council of Ministers headed by the chief minister. However, if the LG, termed as the Administrate head, has any difference of opinion with the CM or the council of ministers on any issue, he is entitled to seek advice of the President of India. The judgement delivered by  the Constitutional Bench chaired by Chief Justice of India  Dipak  Mishra , has redefined Articles 239AA and 239AB of the Constitution . It has been made clear that the LG is the supreme in the matters related to law and order, The Delhi Police and land. India’s apex court however has ruled that Delhi will remain a Union Territory and there is no question of converting the national territory into a state. The chief justice also said, “The Lieutenant Governor must work harmoniously with the state,” adding that the L-G and council of ministers have to be constantly aligned. Asked to comment on the verdict, veteran Congress Leader Sheila Dikshit, who was Delhi CM for uninterrupted fifteen years till 2013, said  the ruling that the LG is bound by the government’s advice was “not a vindication” for the ruling AAP as “it has always been so”. Downplaying AAP’s celebration claiming the judgement is their victory, she said it is being misinterpreted. The five-Judge bench has unanimously ruled that there is no room for absolutism. The former CM said her government may have had differences with the then LG, but there was never any “tussle”. “We may have had differences. When the differences came out, after talking to each other we sorted out those differences,” Dikshit added. Replying to a question whether the SC’s verdict that the LG must abide by the Delhi government’s advice is a vindication for the ruling party, she “It is not a vindication. It has always been so. We also ran a government for 15 years and whatever the Cabinet decided, the LG used to always agree to that.”The LG has total control over land and law and order, but beyond that he goes through the advice of the Cabinet, Dikshit said. “I don’t see why it (the matter) should go to the court. There is a constitutional provision; Article 239 (AA) in the Constitution says Delhi is a Union territory. It is all clearly laid down then.I don’t understand what is the conflict about. “If you want to change that then go to Parliament and say that you want these changes,” Dikshit added. After the judgement, Delhi Cabinet chaired by Chief Minister Arvind Kejriwal has approved various projects on infrastructure, health and much-talked about “Doorstep Delivery “of ration to the citizens . The UT Government has decided to remodel 94 dispensaries into polyclinics in the national Capital at the cost of Rs 168 crore, an official said on Tuesday.The Cabinet has also  asked the Principal Secretary (Health) to present a fact-sheet about the existing  Mohalla and Polyclinics and their functioning and appointment of employees.The aim of the project is to reorganise health care facilities by remodelling the dispensaries into polyclinics, which will be attached to various Delhi Government hospitals.“Polyclinics will act as satellite centres for outdoor specialised medical treatment centres of these hospitals. Medical superintendants of hospitals to which the polyclinics will be attached will be the overall in charges of these polyclinics,” said the official. The Delhi Government  has approved Department of Administrative Reforms (DAR) proposal under Door Step Delivery scheme to award the work to successful bidder VFS Global Services as the agency for this executing this work. Around  100 public services, including driving licence and caste certificates would be  delivered at the doorsteps of the Delhiites under a proposed scheme of the Delhi Government.For providing signal free corridor access to commuters from Delhi-Uttar Pardesh and vice versa, the cabinet gave final nod to its Public Works Department (PWD) and grant expenditure sanction of Rs 303 crore for the construction of six lane flyover at Shastri Park intersection and two-lane flyover at Seelampur.The project will help to decongest the Trans-Yamuna Shastri Park Intersection and Seelampur.  After completion of this project, the project will reduce travel time by 45 minutes and 13, 803 man-hours each day. The Government of has also cleared proposal of construction of 94 new poly clinics at the cost of Rs 168 crore, the official added.(with inputs from Times Now, Republic & NDTV) .

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