New Delhi, July 4 : A Supreme Court Constitution Bench on Wednesday unanimously ruled in favour of the Arvind Kejriwal government saying that the real powers of governance of Delhi rests with the elected representatives.
The apex court said the Lieutenant Governor (LG) was bound by the aid and advice of the Council of Minister in all the areas except land, police and law and order.
Speaking for Justice A.K. Sikri and Justice A.M. Khanwilkar, Chief Justice Dipak Misra said that the LG was not vested with any independent decision-making powers and cannot act in a mechanical manner.
It further ruled that in case of difference of opinion with the Council of Ministers, the LG has to refer the matter to the President, whose decision then would be binding.
The court further stated that the decisions of the Council of Ministers has to be communicated to the LG but that does not mean that the Council of Ministers requires his concurrence.
The court said that the provision that the LG can refer "any matter" under Article 239 to the President does not mean every matter.
Chief Justice Misra said that the executive powers of the Delhi government were co-extensive with its legislative powers.
The top court further said that Delhi can legislate on any issue that falls in the State list or the Concurrent list except for three areas of land, police, law and order.
Justice D.Y. Chandrachud and Justice Ashok Bhushan pronounced seperate but concurring judgements.
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Bajpe: Police have arrested a youth for allegedly posting derogatory and defamatory content against the Bajpe police on social media.
The arrested accused has been identified as Abhishek M. (23), a resident of Katipalla, Surathkal.
According to the police, Abhishek posted a photograph of Bajpe Nisarga Hotel on his Instagram account mr_a_titude_22, alleging that accused persons in a murder case under the jurisdiction of the Bajpe police station were being treated “like royalty” by the police and were being served beef meals from the hotel every day. In his post, he further accused the police of colluding with criminals and misusing their authority, stating that public trust in the police was being betrayed.
Following which, the Bajpe police registered a case and arrested the accused.
Police records reveal that Abhishek is already facing multiple criminal cases. A case of murder, attempt to murder, assault and robbery has been registered against him at the Surathkal police station. At the same time, a robbery case has also been registered at the Kaup police station.
After his arrest, Abhishek was handed over to the custody of the CEN police for further investigation. He was later produced before a court, police said.
