Senior Advocate Gopal Subramanium is currently making his submissions before the Supreme Court in the case between the Lieutenant Governor and the Delhi government..The matter, which involves the balance of powers between the Lieutenant Governor of the National Capital Region (NCR) and the elected state government, was heard today by a Constitution Bench of Chief Justice of India Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan..Below is a summary of Subramanium’s arguments:.Both the text of Article 239AA and the values behind it should be considered for interpretation239AA is a provision of public trust founded on Constitutional values; meant to create a democratically elected govt. with accountabilityThe High Court has interpreted A. 239AA textually; It has posited law as it existed before the amendment, into A. 239AAIf you are constituting a Legislature, the Legislature should have law making powersNot questioning Parliamentary supremacy; But an elected government cannot be sans any powerThe proviso under 239AA should not be interpreted in such a manner that the “main” serves no purposeBy virtue of the proviso, civil servants don’t acknowledge any Minister as head of the department.Proviso must be given a meaning which is consistent with the scheme of A. 239AAThe purpose of A. 239AA is to confer a special Constitutional status on Delhi239AA is ultimately a democratic experiment. It is its interpretation which will decide whether it will be successful or notSince Delhi is a special place, the proviso provides remedy for transgressionsProviso is not meant to be an interference to what is within the bounds of authority.Subramanium further contended that by virtue of the proviso to Article 239AA of the Constitution, civil servants can refuse to acknowledge a Minister as head of a department..The Bench has risen for lunch, after which Gopal Subramanium will continue his submissions..Here are the submissions made post-lunch:.Click here to download the Bar & Bench Android App
Senior Advocate Gopal Subramanium is currently making his submissions before the Supreme Court in the case between the Lieutenant Governor and the Delhi government..The matter, which involves the balance of powers between the Lieutenant Governor of the National Capital Region (NCR) and the elected state government, was heard today by a Constitution Bench of Chief Justice of India Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan..Below is a summary of Subramanium’s arguments:.Both the text of Article 239AA and the values behind it should be considered for interpretation239AA is a provision of public trust founded on Constitutional values; meant to create a democratically elected govt. with accountabilityThe High Court has interpreted A. 239AA textually; It has posited law as it existed before the amendment, into A. 239AAIf you are constituting a Legislature, the Legislature should have law making powersNot questioning Parliamentary supremacy; But an elected government cannot be sans any powerThe proviso under 239AA should not be interpreted in such a manner that the “main” serves no purposeBy virtue of the proviso, civil servants don’t acknowledge any Minister as head of the department.Proviso must be given a meaning which is consistent with the scheme of A. 239AAThe purpose of A. 239AA is to confer a special Constitutional status on Delhi239AA is ultimately a democratic experiment. It is its interpretation which will decide whether it will be successful or notSince Delhi is a special place, the proviso provides remedy for transgressionsProviso is not meant to be an interference to what is within the bounds of authority.Subramanium further contended that by virtue of the proviso to Article 239AA of the Constitution, civil servants can refuse to acknowledge a Minister as head of a department..The Bench has risen for lunch, after which Gopal Subramanium will continue his submissions..Here are the submissions made post-lunch:.Click here to download the Bar & Bench Android App
