In India, the Supreme Court ruled in the matter of the Delhi Government and Central Government headed by Aam Aadmi Party on Wednesday. The Supreme Court said that the Lieutenant Governor is obliged to work on help and advice by the Council of Ministers. The decision of the Supreme Court has been described by Delhi Chief Minister Arvind Kejriwal and Deputy Chief Minister Manish Sisodia as the victory of democracy.

The bench of five judges of the Supreme Court said in an unanimous decision that the cabinet has the real strength. The Deputy Governor can not, in general, send disputes related issues only to the President in exceptional cases. Independent rights have not been assigned to the Deputy Governor.

The Supreme Court said that the Deputy Governor should not work in mechanical way nor should he stop the Council of Ministers decisions. All the decisions of the Council of Ministers should be conveyed to the Deputy Governor, but this does not mean that the consent of the Deputy Governor is necessary.

The Supreme Court said that the Lt. Governor of Delhi has no right to take independent decision, he can not act as a barrier. The Deputy Governor will have to work on the advice and help of the Council of Ministers.

The Supreme Court said that the deputy governor should work harmoniously with the Council of Ministers and efforts should be made to resolve the differences with deliberations.

Justice DY Chandrachud, in his separate but concurrent judgment, said that the Lt Governor should definitely feel that the Council of Ministers is answerable to the public.

The Supreme Court said that excepting three issues including law and order, the Delhi government has the authority to rule in other subjects.

Justice Chandrachud said that the Lt Governor should definitely keep in mind that the decision will be taken by the Council of Ministers, not by him.

Significantly, the Delhi High Court had said in its decision on August 4, 2016 that the Lieutenant Governor is the administrative head of the National Capital and the argument of the Aam Aadmi Party government is not enough that it is bound to work only on the advice of the Council of Ministers. After that, the order of the Delhi High Court was challenged by the Kejriwal government in the Supreme Court. Since the arrival of the Aam Aadmi Party in the power of Delhi in the year 2015, there has been a rivalry between the Delhi government and the center for the rights.

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