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No action against those holding demonetised notes: Centre to SC

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Blow to Arvind Kejriwal as SC says Delhi govt needs LG's approval for ruling national capital

Justice Chandrachud said that the President exercises his administrative control over Union Territory through Lt Governor, and if there are specific instances of excesses, then the court can address them.

Subramanium stressed said the court must "interpret the text and values behind the provisions of Article 239AA of the Constitution" and the objective it serves.

While holding that the challenge to November 8 notification was in the arena of "public importance" as complaints of inconvenience have been brought, it said there was a need for a direction for referring it to a larger bench for "authoritative pronouncement by five judges".

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".

While hearing the case, the SC indicated that it may fix a time frame within which the Delhi Lt Governor should dispose of the files sent to him by the state government and in case of delay in clearing files, he will have to assign reasons.

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In a major blow to Delhi Chief Minister Arvind Kejriwal, the Supreme Court today ruled that his government needs the Lieutenant Governor's nod to govern the national capital. Prima facie it appears that it gives more power to Lieutenant Governor, unlike other Union Territories.

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

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.

It had said that the special constitutional provision Article 239AA dealing with Delhi does not "dilute" the effect of Article 239 which relates to the union territory and hence, the concurrence of the LG in administrative issues was "mandatory".

To this, the bench said there are three things - executive action, difference of opinion and validity of such opinion, which needs to be deliberated. The higher the degree of power, the higher the degree of trust, he argued before the Constitution bench.

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