SC refers individual cases against demonetisation to constitution bench

Blow to Arvind Kejriwal as SC says Delhi govt needs LG's approval for ruling national capital

SC to decide if LG is administrative boss of Delhi

Some petitioners claim that they have not challenged the constitutional validity of either certain provisions of the RBI Act and Centre's November 8, 2016, notification, rather they want to deposit their demonetised currency notes.

The Delhi Government does have a point, however, when it says that for day-to-day governance issues it is the elected executive which is responsible and will be held accountable by the people.

If a dispute were to arise between the Lieutenant Governor and the Chief Minister, the former would be the final authority until the President makes a decision, the apex court added. There were also some grey areas where the Delhi government had no footprints.

The Centre's assurance to the top court on Friday came days before the first anniversary of the Narendra Modi government's scrapping of Rs 1,000 and Rs 500 notes.

He also said that there are areas where Lt. Governor enjoys delegated powers and he alone is administrator in respect of them. Prima facie it appears that it gives more power to Lieutenant Governor, unlike other Union Territories.

The apex court had on February 15 referred to a Constitution Bench the pleas filed by the AAP government against the high court verdict which had held that Delhi is not a state and the LG is its administrative head.

Sensing where the bench was driving at, Subramanium said that the Delhi government too was raising its resources.

The bench asked the petitioners to file two to three page-long interlocutory applications in the pending petitions which would be dealt by the constitution bench later.

It is, however, pretty clear that regardless of the political hue of the governments in power in the State and at the Centre, maintenance of public order and security, police and land will not for the foreseeable future, if ever, be handed over to the domain of the State Government given Delhi's unique status as Capital of the Indian Union.

As for the contention that the L-G was exceeding his powers, the court told the AAP government to spell out the specifics to enable the court to assess its points.

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