Decision of Delhi HC
The Delhi High Court held that the Lieutenant Governor was its “administrative head” and that it “continues to be a Union Territory.” The High Court also set aside the AAP government’s contention that the L-G was supposed to act “only on the aid and advice of the Ministers” even as it declared “illegal” the commission of inquiry ordered by the AAP government into the CNG Fitness scam in the transport department and also the Commission of Inquiry to go into the alleged irregularities in the functioning of the Delhi and District Cricket Association (DDCA).
Implications of Judgement
1. Delhi continues to be a Union Territory even after the Constitution (69th Amendment) Act, 1991 inserting Article 239AA making special provisions with respect to Delhi,
2. The court also quashed several notifications issued by Chief Minister Arvind Kejriwal after returning to power in February 2015, terming them “illegal” as they were issued “without concurrence of the L-G.”
3. The order has come as a huge setback to the AAP government which has been fighting for complete control over the governance of Delhi and has repeatedly blamed the Bharatiya Janata Party-led Central government for trying to rule through the L-G.