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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News Network
January 18,2020

Jammu, Jan 18: Prepaid mobile connections were restored in Jammu and Kashmir on Saturday and 2G services resumed in two districts of the valley after being disconnected on August 5 last year. Voice and SMS facilities were restored for all local prepaid mobile phones across the Union territory.

Rohit Kansal, the principal secretary to the administration of Jammu and Kashmir said the order will come into effect from Saturday.

In order to consider giving mobile Internet connectivity on such SIM cards, the telecom service providers will have to verify the credentials of the subscribers, he said.

Internet service providers have been asked to provide fixed line Internet connectivity in all the 10 districts of Jammu region and two districts, Kupwara and Bandipora, in North Kashmir.

Telecom services were shut in the entire Jammu and Kashmir on August 5 when the Centre abrogated special status to the erstwhile state and also bifurcated it into two Union Territories.

However, the Supreme Court came down heavily on the UT administration last week for arbitrarily shutting down the Internet, the facility described as the fundamental right by the apex court.

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News Network
May 14,2020

May 14: Customs officials on Wednesday intercepted China-bound consignments of raw material for masks, misdeclared as packing materials for pouches, in large quantities, a senior official said.

It has also seized multiple shipments containing 5.08 lakh masks, 57 litres of sanitiser and 952 PPE kits bound for the US, the UK and the UAE, the official said.

The export of such goods is prohibited by the government in the wake of the COVID-19 pandemic.

"On the basis of specific intelligence, 2,480 kg of raw material for masks was intercepted by air cargo export, Delhi Customs. The goods were misdeclared as packing materials for pouches and were being illegally attempted to be smuggled/ exported to China," he said. 

These goods are prohibited for export as per the latest guidelines issued by the Directorate General of Foreign trade (DGFT), he said, adding that investigation into the case is under progress.

In another catch, the air cargo officers intercepted multiple shipments containing 5.08 lakh masks, 57 litres of sanitiser in 950 bottles and 952 PPE kits at the courier terminal in New Delhi. These were attempted to be smuggled or exported out of the country, the official said.

"These goods are also prohibited for export," he added. 

These items were being illegally exported to the United States, United Kingdom and the United Arab Emirates. "No arrests have been made so far," the official said.

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News Network
March 19,2020

Attari, Mar 19: At least 29 Indians, who had gone to Dubai to watch a cricket match which was called off later, on Wednesday night returned to India through the land transit route of Attari-Wagah border here.

Earlier, when they entered India after being cleared by the Pakistan Immigration Authority, they were detained at Attari border, as they were not having requisite permission on their passport to return to India through Pakistan.

According to officials, they had earlier flown to Dubai from New Delhi to watch a Pakistan League Cricket match there.

The match, however, was aborted and they decided to return India via Pakistan. They took a flight to Pakistan and after landing there, they took land route to reach Attari-Wagah border.

All were cleared by Indian immigration authority after being allowed by the Union Ministry of Home Affairs.

Amritsar Civil Surgeon Dr Prabdeep Kaur Johal said that by 9.30 PM all the Indian nationals were not handed over to the medical team for checkup.

She said if anyone of them are found with any symptoms of the virus, they would be admitted to Amritsar Government Hospital or else they would be allowed to continue their journey to Delhi or elsewhere.

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