Those with old notes told to wait for SC's demonetisation order

Kristopher Drake
November 5, 2017

The bench noted that Constitution has limited Delhi government's powers and it can not have a say on public order, police and land.

The Supreme Court on Thursday indicated that it may fix a time frame within which the Delhi Lt. Governor should dispose of the files sent to him by the state government and in case of delay in clearing files, he will have to assign reasons.

At a hearing before a Bench, led by Chief Justice of India Dipak Misra, Mr. Venugopal gave the assurance but said the immunity from prosecution would extend only to the amounts they had specifically mentioned in their petitions before the Supreme Court.

The city government had on February 2 told the apex court that it has exclusive executive powers in relation to matters falling within the purview of the Legislative Assembly and neither the Centre nor the President or the LG can encroach upon these.

During the hearing, Mr Subramaniam told the bench that "an elected government can not be without any power".

Opened the arguments on behalf of the Delhi government, advocate Gopal Subramanium emphasised the special provision of Article 239 AA that grants statehood to Delhi.

Subramanium stressed said the court must "interpret the text and values behind the provisions of Article 239AA of the Constitution" and the goal it serves. The L-G, he added, was holding meeting separately with the officials without ministers.

The bench also pointed to the financial relationship between the Central government and the Union Territory of Delhi that was distinct from the relationship that it has with other states, saying that Centre has more involvement in the financial affairs of Delhi. He argued that Article 239AA could not be used by the L-G to frustrate the constitutional mandate for an elected government in Delhi. "Yes, that has to be genuine", the bench said.

As for the contention that the L-G was exceeding his powers, the court told the AAP government to spell out the specifics to enable the court to assess its points.

Other reports by Ligue1talk

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