July 12th 2019

On May 10th, the Supreme Court admitted the Union Government’s appeal to the Madras High Court judgment. The High Court had ruled that the Union government appointed Lieutenant Governor cannot interfere in everyday administrative affairs and is bound by the advice of the Council of Ministers.

 

Today, the Supreme Court heard the Union Government’s plea for staying the order issued by the Madras High Court which restricted the Lieutenant Governor’s powers of administrative control.

 

Solicitor General Tushar Mehta, on behalf of the Union government, stated that the present issue revolves around whether the 5-judge bench Supreme Court judgment in the Delhi NCT case is the law for resolving disputes between the Chief Minister and the Lieutenant Governor.

 

The three-judge Supreme Court bench comprising CJI Ranjan Gogoi, Deepak Gupta and Aniruddha Bose JJ dismissed the plea to stay the Madras High Court’s order. The bench held that the Union government could challenge the impugned order before the appropriate authority, the Division bench of the Madras High Court.