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Supreme Court of India verdict on AAP govt vs Delhi LG: Key points

* LG has no independent decision-making power and cannot behave as an obstructionist when the Constitution gives primacy to the representative form of government.

* Except for the three issues, including land and law and order, over which Centre has exclusive power, Delhi government must be allowed to legislate and govern on other issues and LG cannot stall decisions mechanically.

* Both the LG and the CM are constitutional functionaries and must work harmoniously with mutual respect and none of them should feel superior to the other.

* LG being the administrative head of Delhi must be informed of all executive powers but he cannot stall all the decisions of council of ministers who have been elected to address aims and aspirations of the electorate.

* Delhi’s council of ministers headed by CM must communicate all decisions taken by it to the LG but it does not mean LG’s concurrence is required on every issue.

* LG should not act in a mechanical manner to refer all decisions of the council of ministers to the President citing difference of opinion.

* Only in exceptional situations, the LG can refer the issue to President when he has legitimate and serious difference of opinion with the decision taken by the council of ministers headed by Delhi CM.

* Delhi enjoys a unique position under Constituion and neither the LG nor the CM heading the council of ministers should consider themselves bigger than the other.

* Executive power of Delhi government must be given some degree of independence within the areas on which the Constitution allows it to legislate and administer.

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