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“And there’s no doubt about it this time

March 9, 2014

The LG cannot act without applying his mind and refer everything to the President.”Read the full judgment here.LG’s concurrence not neededThe NCT government need only to inform the LG of its “well deliberated” decisions. The government need not obtain his “concurrence” in every issue of day to day governance.Referring to the prolonged spat between the LG and the Kejriwal government on various issues, from a freeze on appointment of bureaucrats to mohalla clinic staff to school teachers, the CJI said the spirit of collective responsibility in the Constitution should not be “lost in drama.” “Constitutional discord should be avoided. There is a need for real discipline and wisdom.”A freeze on government decisions by the LG negates the very concept of “collective responsibility.” The governance of the National Capital demands a “meaningful orchestration of democracy” and a “collaborative federal archeitecture.”Collective responsibility means government speaking in one voice to the people whose aspirations the government reflects, Justice Chandrachud observed.Not a ‘State’The CJI, however, adhered to the nine judge Bench judgment of the Supreme Court in the NDMC versus State of Punjab to conclude that Delhi is not a ‘State.’ The judgment also held that the LG is not a Governor but only an “administrator in a limited sense.””Real and substantive power lies with the elected representatives in a democracy.

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