The Supreme Court has made an important comment on the long and repeated tussle between the Center and the Delhi government. The court said on Thursday that both of them seem to have taken a stand to convince each other that this is causing problems in governance and necessary cooperation. The tussle between the two governments was made by the apex court in one of its judgments, in which the court said that the Delhi Assembly and its committee have the power to compel the presence of members and outsiders.
The court also dismissed a petition filed by Facebook India Vice President and Managing Director (MD) Ajit Mohan and others, challenging the issue of summons by the House. In fact, it was issued after he failed to appear in the House as a witness in connection with the North East Delhi riots that took place last year. A bench of Justice SK Kaul, Justice Dinesh Maheshwari and Justice Hrishikesh Roy said that no model of governance requiring such co-operation can work if both the parties take a stand to either have their say or drop it.
The tug of war between the Center and the Delhi government has been going on since 2014. However, in July 2018, a five-judge constitution bench headed by the then Chief Justice Dipak Misra, in its judgment, held that the Lieutenant Governor (LG) has no independent decision-making power and is bound to follow the advice of the elected government. are bound. The apex court in today’s judgment advised the Center and the Delhi government on cooperative governance and asked the Aam Aadmi Party government to follow the constitutional scheme of division of powers.
Also, the Court said that the Center needs to work in sync with the different political regimes. The bench said that in order to do good work, the central government and the state government have to walk shoulder to shoulder or at least walk together for better governance. The court said, ‘Failing to do so is in fact a violation of their respective mandates’.
Writing the 188-page judgment, Justice Kaul said that an unfortunate incident had taken place and the need to look at it from the legal and social perspective cannot be understated. “However, we point out that the shadow of the prolonged and repeated squabbles between the state and the Center will fall on the committee intended to assess peace and harmony…,” the bench said. The court said that the Delhi Legislative Assembly and its committees have the right to summon a member of the House or others to appear and make statements.