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Kejriwal loses crucial battle, Delhi HC goes in favour of LG
New Delhi: In a major blow to Arvind Kejriwal and Delhi government in the legal ‘tug-of-war’ over control and distribution of administrative power in the national capital, the High Court, on Thursday, pronounced its judgement in favour of Lieutenant Governor Najeeb Jung.
The court in its judgement said that Article 239 continues to remain applicable that makes Delhi a Union territory.
As per HC verdict, ''L-G is the administrative head of National Capital Territory and is not bound to act as per advice of Delhi cabinet.Council of ministers cannot take decisions without referring to the Lieutenant Governor first.''
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What was the tussle:
- The HC order is based on nine Public Interest Litigations filed in the court by amid constant clash between the Centre and State government.
- Aam Admi Party had argued that the Lieutant Governor was bound to act on the advice of Delhi government to which the Central government opposed saying that Delhi is a national capital, hence, all rights cannot be given to the state government.
- The High Court on Thursday said that AAP’s argument is without any substance and cannot be accepted.
- The AAP had earlier challenged the Centre’s order that prevented Delhi government’s anti-corruption branch (ACB) from investigating and taking action against officers who report to the central government.
- The Delhi High Court verdict stated that, “The May 21, 2015, notification of Centre barring ACB from proceeding against Central Government employees is neither illegal nor unsustainable. No Action can be taken by ACB against Central Government officials”.
- The HC also said that service matters fall outside the jurisdiction of Delhi Legislative Assembly and L-G exercising the powers is not unconstitutional.
Chief Minister Arvind Kejriwal was not present in the court when the court pronounced its judgement. The Delhi CM is in Dharamshala for a 10-day-long ‘vipassna session’.