What emerged during the daylong hearing was that Delhi government can't look at in the area of law and order, police and land, and the in the area where it can enact law and aid and advise the Lt. Governor, the latter can exercise his veto and citing differences, refer the matter to the President for decision. You are an elected government but these are parts of law, governing Delhi.
Besides the Centre, Indian Radiological and Imaging Association, the association of radiologists in the country, had moved the apex court challenging the High Court's decision on the issue. However, the court observed that under the provisions of the constitution, the Lieutenant Governor has the last word and the elected government would have to operate within this framework. Subramanium also sought to know if this "is contemplated under Article 239AA".
Assailing this finding Mr Subramanium said the HC verdict subverted the democratic governance structure put by a constitutional arrangement, which recognises Delhi's special powers despite being a Union Territory.
The Delhi government has highlighted the primary question whether the dispute between AAP-Centre was a federal dispute coming under Article 131 of the Constitution and which only the Supreme Court has jurisdiction to hear and decide.
Justice Chandrachud said the L-G had to clear files within a reasonable period of time and if there is a delay, specify the reasons on file.
Justice Chandrachud said that LG can not stultify a scheme by sitting over the files instead he is bound to under Article 239AA to refer the matter to President in case of difference of opinion. Provision (4) in the Article 239AA can not be exploited by the LG to frustrate the constitutional mandate suggested the SC adding that President should be consulted immediately in cases of difference of opinion.
According to the Newspaper, As a result, the aid and advice of the Council of Ministers is neutralised...
"We issue notice. Let the matter be listed for hearing on November 13", the bench said. Even civil servants do not recognise the ministers as heads of departments. "Then why have a government when it can't exercise its duties", Subramanium said. However, the Parliament has overriding powers on both the state and concurrent lists to make laws, it said. The higher the degree of power, the higher the degree of trust, he argued before the Constitution bench.