SC says Delhi LG does not have independent powers

Agencies
July 4, 2018

New Delhi, Jul 4: In a landmark verdict on the power tussle between the Delhi government and the Centre, a five-judge bench of the Supreme Court on Wednesday unanimously held that Lieutenant Governor Anil Baijal does not have independent decision-making powers, and is bound to act on the aid and advice of the Council of Ministers.

The judgement pronounced in the court by Chief Justice Dipak Misra, who was heading the Constitution bench, also held that the LG cannot act as an "obstructionist".

In three separate but concurring judgements, the bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said there is no independent authority vested with the LG to take independent decisions.

It said all decisions of the Council of Ministers, who are elected representatives of the people of Delhi, must be communicated to the LG but that does not mean his concurrence is required.

"There is no room for absolutism and there is no room for anarchism also," the court ruled.

The decision is a major victory for Chief Minister Arvind Kejriwal's AAP government, which has been in a constant tug of war with the LG over the power wielded by the two branches of the executive.

The Supreme Court said that except for three issues, including land and law and order, Delhi government has the power to legislate and govern on other issues.

It was ruling on a batch of appeals filed by Kejriwal's government challenging the Delhi High Court's order holding the LG as the administrative head of the national capital.

Virtually disagreeing with the High Court order, the Supreme Court said the LG should not act in a mechanical manner and stall the decisions of the Council of Ministers.

It said the LG has not been entrusted with independent powers and he can refer issues on the difference of opinion to the President only in exceptional matters and not as a general rule.

The LG needs to work harmoniously with the Council of Ministers and an attempt should be made to settle the difference of opinion with discussions, the apex court said.

In his separate verdict, concurring with the rest of the judges, Justice Chandrachud said the real power vests with Council of Ministers and the LG must bear in mind that it is not he but the Council of Ministers that will take the decisions.

The judge also said the LG must realise that the Council of Ministers is answerable to the people.

"There is no independent authority vested with LG to take independent decisions," he said.

Justice Bhushan, who also penned a separate but concurring verdict, said all routine matters do not require consonance of the LG.

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Agencies
June 7,2020

New Delhi, Jun 7: A day after India and China military commanders held "cordial and positive" talks at Chushul-Moldo point along the Line of Actual Control in Eastern Ladakh, Ministry of External Affairs said the two countries have agreed to "peacefully" resolve the situation in the border areas by continuing the military and diplomatic engagements.

The Indian delegation led by 14 Corps Commander Lt Gen Harinder Singh on Saturday met his Chinese equivalent Maj Gen Liu Lin, who is the commander of South Xinjiang Military Region of the Chinese People's Liberation Army, to address the ongoing tussle in Eastern Ladakh.

In a statement on Sunday, the MEA said that the meeting between the Corps Commander based in Leh and the Chinese Commander took place in a "cordial and positive atmosphere".

"Both sides agreed to peacefully resolve the situation in the border areas in accordance with various bilateral agreements and keeping in view the agreement between the leaders that peace and tranquillity in the India-China border regions is essential for the overall development of bilateral relations," the statement read.

They also noted that this year marked the 70th anniversary of the establishment of diplomatic relations between the two countries and agreed that an early resolution would contribute to the further development of the relationship.

"Accordingly, the two sides will continue the military and diplomatic engagements to resolve the situation and to ensure peace and tranquillity in the border areas," it further read.

China has moved its troops along the Line of Actual Control (LAC) in the Eastern Ladakh areas including the Finger area, Pangong Tso Lake, and Galwan Nala area.

The meeting between military commanders was to discuss and resolve the stand-off in Eastern Ladakh.

Following the meeting, the Army Headquarters' Directorate General of Military Operations also briefed the Ministry of External Affairs and other concerned government officials about the discussions.

On Friday, officials of India and China interacted through video-conferencing with the two sides agreeing that they should handle "their differences through peaceful discussion" while respecting each other's sensitivities and concerns and not allowing them to become disputes in accordance with the guidance provided by the leadership.

In the last few days, there has not been any major movement of the PLA troops at the multiple sites where it has stationed itself along the LAC opposite Indian forces.

The Chinese Army's intent to carry out deeper incursions was checked by the Indian security forces by quick deployment.

The Chinese have also brought in heavy vehicles with artillery guns and infantry combat vehicles in their rear positions close to the Indian territory.

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News Network
January 9,2020

Srinagar, Jan 9: Envoys from 15 countries including the United States were shown around Srinagar on Thursday, the first visit by New Delhi-based diplomats since the government stripped Kashmir of its semi-autonomous status and began a harsh crackdown five months ago.

The diplomats were driven by Indian authorities in a motorcade amid tight security from the airport to the military headquarters in Srinagar, where they were briefed on the security situation, an army officer said. He spoke on condition of anonymity as he was not authorized to speak to reporters.

They also held discussions with civil society members and some Kashmiri politicians, said Raveesh Kumar, spokesman for the Ministry of External Affairs (MEA).

The objective of the visit, organized by the Union government, was for the envoys to see first-hand “how things have progressed and how normalcy has been restored to a large extent'' in Kashmir since August, Kumar told reporters in New Delhi.

In October, a group of European Parliament members had visited the region, which is claimed by both India and Pakistan.

The delegation that visited Kashmir on Thursday included US ambassador to India Kenneth Juster and diplomats from Bangladesh, Vietnam, Norway, the Maldives, South Korea, Morocco, Niger, Nigeria, Argentina, the Philippines, Fiji, Uzbekistan, Peru and Togo.

Offices, shops and businesses were open in Srinagar on the cold winter day, but the diplomats did not stop to talk to people as they moved to different venues of their meetings.

They were to fly to Jammu, the winter capital of Kashmir, later Thursday and return to New Delhi on Friday.

Congress leader Jairam Ramesh pointed out the oddity of taking foreign diplomats to the troubled state but not allowing allowing Indian political leaders to freely visit it.

The National Conference said it was "disappointed" with the way the government brought envoys from various countries to "endorse" its "claims of normalcy" in the union territory. The party alleged that it was no more than a "guided tour" with access limited to "handpicked individuals who toe the government line".

“The NC wishes to ask these envoys that if the situation in Jammu & Kashmir is "normal", then why are scores of people, including three former chief ministers, under detention for almost 160 days and why have the people been denied access to the internet for over 5 months?" a statement issued by the party said.

Kumar dismissed as unfounded criticism of the visit, and said more such visits to Kashmir by New Delhi-based diplomats are likely in the near future.

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News Network
March 3,2020

Mumbai, Mar 3: The country will turn "peaceful" if Prime Minister Narendra Modi's "bhakts" follow him in quitting the social media, the NCP said on Tuesday, taking a dig at the PM over his tweet that was thinking of giving up his social media accounts.

NCP chief spokesperson and Maharashtra minister Nawab Malik also said that Modi's decision will be "in the interest of the country".

His comments came a day after Modi said he is contemplating giving up social media presence.

"This Sunday, thinking of giving up my social media accounts on Facebook, Twitter, Instagram & YouTube. Will keep you all posted," the prime minister said on the micro-blogging site.

Taking a swipe at the prime minister, Malik in a tweet said, "Yesterday, Modi ji gave hint of giving up the social media from Sunday. Some leaders are also talking about giving up (the social media). The country will turn peaceful if all the bhakts (followers) give it up."

"Modi ji's decision will be in the interest of the country. We welcome it, Modi ji take decision," Malik tweeted with the hash tag "ModiQuitsSocialMedia".

Earlier, the Congress took a swipe at the prime minister, with Rahul Gandhi tweeting "Give up hatred, not social media accounts" after tagging Modi's post.

Within minutes of Modi's tweet on Monday, scores of netizens urged him not to quit the various social media platforms as 'No Sir' trended on Twitter.

The prime minister is one of the most-followed world leaders on social media. He has 53.3 million followers on Twitter, 44 million on Facebook and 35.2 millionon Instagram.

The Twitter handle of Prime Minister's Office has 32 million followers.

In September 2019, PM Modi was the third most followed world leader on the microblogging site, behind only US President Donald Trump and his predecessor Barack Obama.

The Prime Minister was the first Indian to cross the 50-million followers mark on Twitter.

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