No action against those holding demonetised notes: Centre to SC

He added that even when there were differences between the L-G and state government, "the L-G can not be sitting on a file". Subramanium also sought to know if this "is contemplated under Article 239AA".

A bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud while disposing of their individual petitions asked them to file applications in the pending petitions which would be handled by the constitution bench later.

Senior lawyer Gopal Subramanium led the arguments for the Delhi Government and said that the governor has been deemed with limited power and that it should be given more power.

Subramanium cited the instances of Lt. Governor holding meeting with the officials without the presence of Ministers concerned and issuing instructions.

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.

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Subramanium said the Delhi government accepts the supremacy of Parliament and its powers but motive behind incorporating Article 239AA in the Constitution by amendments was to give voice to the people by democratically elected government. On the flip side, given the Constitutional scheme of things, ego if any must be put aside and the Government must work through the Lieutenant-Governor who does prima facie have primacy of power if that is what providing good governance to the residents of the Capital requires.

The matter was referred to the constitution bench by the bench of Justice Sikri and Justice R.K.Agrawal on February 15.

To this, the bench said there are three things - executive action, difference of opinion and validity of such opinion, which needs to be deliberated.

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.

He said the challenge is to Article 239 AA by virtue of which special status is accorded to Delhi. The higher the degree of power, the higher the degree of trust, he argued before the Constitution bench.

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