National
Delhi council of ministers obliged to inform LG of every decision: SC
New Delhi, Nov 7 (IANS) The Supreme Court on Tuesday said that prima facie it appears that it was obligatory for the Delhi government to intimate the Lt Governor of all decision taken by the Council of Ministers as it observed that the difference between the Lt. Governor and the Chief Minister should not be over trivial matters.
Chief Justice Dipak Misra also said that while differing with the decision taken by the Council of Ministers, the Lt. Governor should keep in mind the citizens’ trust and the august office he was holding.
The five-judge constitution bench, also comprising Justice A.K.Sikri, Justice A.M.Khanwilkar, Justice D.Y. Chandrachud and Justice Ashok Bhushan, said that it was not necessary for the Lt. Governor to concur with every aid and advice given by the Council of Ministers and there are certain areas where Delhi government has to take prior consent of the Lt. Governor before taking any decision.
It further said that the areas where Lt. Governor acts on the aid and advise of the Council of Ministers is limited because unlike the states, the executive powers of the Delhi government being a union territory are limited.
The court said this as senior counsel Gopal Subramanium, appearing for the Delhi government, told the constitution bench that once they had the legislative powers, the Lt. Governor is bound to act on the aid and advice of the Council of Ministers.
As Subramanium said that in the event of differences beten the Lt. Governor and the Council of Ministers, the former was duty bound to refer the matter to the President for decision, Justice Sikri asked him if in that situation, the President would decide the matter on his own or act on the aid and advice of the Council of Ministers.
He said that the matter would be decided by the Joint Secretary in the Ministry of Home Affairs looking after union territories.
The constitution bench is hearing a batch of petitions by Delhi government and others challenging Delhi High Court order holding the Lt. Governor held the primacy and had final say in the administration of Delhi.
The bench repeatedly confronted Subramanium with the proviso 4 in the Constitution’s Article 239AA which says that Council of Ministers will aid and advise the Lt. Governor on the matters on which the state assembly can make laws and in the event of difference of opinion, the Lt. Governor would refer the matter to the President for decision. In the intervening period, if Lt. Governor feels that matter requires to be attended to urgently, then he would take the decision.
Article 239AA spells out special provisions with respect to Delhi.
The bench also read to Subramanium Article 239(1) which says that President would administer the union territory through Lt. Governor who will be the administrator.
Addressing the query from the bench, Subramanium said that the Proviso 4 should read as an integral whole of the Article 239AA and not separately. He then dwelt on the principle involved in the interpretation of a constitutional provisions that includes constitutional morality, equality, welfare of people and public trust.
He said that a proviso can’t subsume the main Article.
Referring to the instances where Lt. Governor sat on the decisions taken by the Arvind Kejriwal government, Subramanium said he took one whole year in clearing the file for setting up of Mohalla clinics, and the file for the hiking of the minimum wages.
–IANS
pk/vd
Lucknow: Vishal Singh, a renowned social worker from Lucknow, also known as Foodman, has once again made India proud. He was honored by the Happy Hands Gloves Cooperative Limited Company in Korathai, Thailand, for his work with the Hunger Free World Mission.
The Hunger Free World Mission’s meeting was held in Korathai, Thailand, under Vishal Singh’s leadership. Representatives from several countries, including Mr. Raja Dwivedi (Managing Director of Happy Hands Gloves Limited), Thailand Coordinator Mr. Raja Mishra, and member Mr. Varun Singh, attended the event.
Under Vishal Singh’s leadership, the attendees took a pledge to work together toward creating a hunger-free world.
Speaking on the occasion, Vishal Singh explained that the main goal of the Hunger Free World Mission is social participation. He said the mission is not just about feeding people but also about meeting other basic needs of those who are struggling. The mission focuses on helping families of terminally ill patients in hospitals by providing food and shelter. It also works to fulfill essential needs like education, jobs, and care for the elderly.
For the last 16 years, the Vijay Sri Foundation has been providing free services, benefiting thousands of people. Vishal Singh highlighted that the mission aims to gain global recognition like other organizations such as WHO, WWF, and Red Cross, which work for social causes.
During this meeting, Vishal Singh was appointed as the Chairman of the Hunger Free World Mission by representatives from various countries. They also discussed holding regular meetings in different countries to push the mission forward.
Business tycoon Dr. Abhishek Verma has also supported this humanitarian mission, vowing to promote the idea of “Seva Parmo Dharma” (Service is the highest duty) worldwide. Vishal Singh praised him, stating that people like Dr .Abhishek Verma inspire others to work for the betterment of society.
Recently, Romania’s Ambassador, Mr . Daniela Sezonov Ţane, invited Vishal Singh to the Romanian Embassy in Delhi, where they discussed the mission in detail. Impressed by his humanitarian work, she honored Vishal Singh and invited him to Romania to take the mission forward .
Food man Vishal Singh has been serving the people of India for the past 16 years. Through the Vijay Sri Foundation, he provides free meals to cancer patients & their families ,shelter, and education for women & children along with running free old-age homes in Lucknow.
In addition to his humanitarian work, Vishal Singh also addresses issues like crime and corruption through his role as Chairman of Seva Path Media and Managing Director of Vijay Sri Foundation.
During the COVID-19 pandemic, Vishal Singh and his team worked tirelessly to provide food and help to the needy, including starving children, elderly citizens, and pregnant women. Despite contracting the virus himself, he continued to assist others after his recovery. He even created a life-saving oxygen regulator using household items, which was praised by doctors both in India and abroad.
In his address at the meeting, Vishal Singh spoke about his mission to create a hunger-free world. He pointed out that India’s large population, along with issues like unemployment and poverty, has caused the country to fall on the Hunger Index. He urged people to contribute just one handful of grains daily to help create a hunger-free world.
He concluded by saying that through social participation, we can empower the people around us, meet their basic needs, and work together to build a stronger, more prosperous, and developed society.
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