Taking a "prima-facie" view, the Supreme Court observed that the Lieutenant General (L-G) seems to have primacy under the Constitution and the Delhi government can not act without L-G's concurrence.
As Subramanium sought to blame Lt. Governor for creating hurdles in the functioning of Delhi government, Justice Chandrachud said that every government has to function within the parameters of the constitution and the Article 239AA defines the powers of Delhi government and Union Territory. It asked the petitioners to file interlocutory pleas in the pending petition which will be taken up by Constitution bench.
Pushing for more power for the state government in areas of public order and land, he said, "I am not questioning parliamentary supremacy but an elected government can not be sans power". You are an elected government but these are parts of law, governing Delhi.
"We think it appropriate that the writ petitioners shall file interlocutory pleas in the pending writ petition... before the Constitution bench", the court said.
The apex court, however, made it clear that the Lieutenant Governor can not sit on files, sent by the state government, beyond a reasonable period.
Delhi has a unique position under the Indian Constitution, with its own state assembly and an administrator in the form of an L-G.
On September 9, 2016, the apex court had refused to grant an interim stay on the verdict of the Delhi High Court of August 4 a year ago. 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 final decision is taken by the President.
The matter will be heard next on 7 November, when the state government continues its arguments.
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