Do you think that nct of delhi enjoys a special status unlike out union territory?
Answers
Answer:
yes
please mark as brainliest
Answer:
The Centre, which has challenged the Arvind Kejriwal-led government’s submission in the Supreme Court on supremacy in administering the national capital territory, said Delhi enjoyed “special status” among Union Territories under the Constitution but that did not make it a state.
The Centre stated that the Constitution was silent on awarding co-extensive executive and legislative powers to the Delhi government.
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A five-judge constitution bench headed by Chief Justice Dipak Misra is hearing appeals filed by the AAP government challenging Delhi High Court’s verdict holding that the LG was the administrative head of the national capital.
Accusing the AAP government of demanding “uncontrolled, vertically divided executive powers”, Additional Solicitor General Maninder Singh, appearing for the Centre, said, “When the power is not vested in you, how can you exercise it? To spend money, you got to have some in your pocket”.
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He told the bench, which also comprised Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, that Delhi government was empowered to take care of daily utilities of the national capital but the real administrative powers were vested with the Centre and the President.
Singh distinguished Delhi’s position in relation to other states and said the national capital territory did not figure in any of the provisions which deal with the powers of states. Maintaining that Delhi cannot be considered a state, he said doing it would lead to an “inevitable chaos”. “What is not provided in the Constitution specifically cannot be conferred on the Union Territory of Delhi by mere interpretation of the Constitution”, he said.
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The law officer said the Delhi government was demanding treatment as a full-fledged state despite the fact that it was a Union Territory with some special powers. He quoted jurist H M Seervai and accused Delhi government of creating “disharmony” and seeking harmonious construction of the executive and legislative powers under Article 239AA of the Constitution, which deals with power and status of Delhi.
Singh vehemently opposed the contentions of several senior lawyers who had argued on behalf of Delhi government, for using terms like ‘viceroy’ and ‘suprema lex’ for the office of the Lieutenant Governor (LG). “If you have to treat a union territory as a state, then the Constitution must provide for it or say so. Unless there is a specific mention, you cannot read state into it. It will result in inevitable chaos”, the law officer said.
He also refuted the allegations of Delhi government that the LG sat over the files. Earlier in the day, senior advocate Shekhar Naphade, appearing for the Delhi government, concluded his submissions saying the LG had no role to play and had to act as per the aid and advice of the council of ministers. In case of differences, the LG was authorised to remand the matter to the President, he said.
(With PTI inputs)
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TAGS: Arvind KejriwalSupreme Court