Thread by @barandbench

#DelhiPowerTussle: CJI Dipak Misra starts pronouncing judgment.

Conclusions of Supreme Court:

Court must adopt an interpretation of Constitution which is in consonance with democratic principles.

All three organs of State must stay rooted to Constitution.

Decisions should be in consonance with the spirit of Constitution.

Principle of collective responsibilty singnificant in the context of "aid and advise".

The Union and States must embrace a collaborative federal architecture, Supreme Court. #DelhiPowerTussle

Purposive interpretation has gained significance over literal interpretation (of Constitution). #DelhiPowerTussle

Status of Delhi is sui generis, a class apart. Lt. Governor is not in the same class as a Governor of the State. #DelhiPowerTussle

Lt. Governor is bound by aid and advice of Council of Ministers, subject to the proviso to Article 239 AA to refer matter to President. He cannot act independently and has to act as per aid and advice of Council of Ministers. #DelhiPowerTussle

Lt. Governor has to work harmoniously with his Council of Ministers. #DelhiPowerTussle

Council of Ministers has to communicate its decision to Lt. Governor, this does not mean Council of Ministers are bound by Lt. Governor, Supreme Court. #DelhiPowerTussle

There is no space for anarchy and absolutism in our Constitution, Supreme Court. #DelhiPowerTussle

Justice Chandrachud pronouncing his judgment now.

Constitutional skirmishes test the resilience of democracy, Chandrachud J. #DelhiPowerTussle #SupremeCourt #ArvindKejriwal

Constitutional interpretation must be based on Constitutional morality, Justice DY Chandrachud. #DelhiPowerTussle #ArvindKejriwal #SupremeCourt

Sovereignty of people, democratic way of governance, secularism intrinsic to Constitution.

Basic Structure imposes restrictions on exercise of Constituent Power, Chandrachud J.

#DelhiPowerTussle #SupremeCourt #ArvindKejriwal

The doctine of aid and advice enhances the Constitutional value of collective democracy, Chandrachud J. #DelhiPowerTussle #SupremeCourt #ArvindKejriwal

In a democratic governance, real power and substantive accountability is vested in elected representatives, Chandrachud J. #SupremeCourt #DelhiPowerTussle

While interpreting Artilce 239AA, Court has to further democratic values. #DelhiPowerTussle #SupremeCourt

Proviso to Article 239AA(4) has to be construed so that "any matter" is not 'every trivial matter'; otherwise governance will come to a standstill. #DelhiPowerTussle #SupremeCourt @ArvindKejriwal @attorneybharti

The Lt. Governor must bear in mind that it is not he but Council of Ministers who takes substantive decisions, Chandrachud J. #SupremeCourt #DelhiPowerTussle

Lt. Governor must act by the aid and advice of Council of Ministers, or in cases where matter is referred to President on the decision of President, he cannot act independently, Chandrachud J. #DelhiPowerTussle #SupremeCourt @ArvindKejriwal

Justice Ashok Bhushan pronouncing his judgment now. #DelhiPowerTussle #SupremeCourt #ArvindKejriwal

Co-extensive Legislative power for Union and Delhi govt with respect to NCT of Delhi, Justice Ashok Bhushan. #DelhiPowerTussle #SupremeCourt #ArvindKejriwal

Lt. Governor bound by aid and advice of Council of Ministers except as provided in proviso to Article 239AA (4). #SupremeCourt #DelhiPowerTussle

The power of Lt. Governor under Proviso to Article 239AA to be exercised in matters of Constitutional relevance. #SupremeCourt #DelhiPowerTussle

Pronouncement of judgment concludes. It is a unanimous judgment with two concurring opinions by DY Chandrachud J. and Ashok Bhushan J. #DelhiPowerTussle @ArvindKejriwal

(From left to right) CJI Dipak Misra, Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan delivered todays Judgment #DelhiPowerTussle #LtGovernor

[Breaking] Delhi Lt. Governor is bound by aid and advice of Council of Ministers: Supreme Court

barandbench.com/nct-delhi-v-lt…

NCT of Delhi v. Lt. Governor: How the Delhi Power Tussle reached the Supreme Court [Read Timeline] barandbench.com/govt-delhi-v-l…

Read the 535-page judgment in the #DelhiPowerTussle case - bit.ly/2IQHF2E

535 pages - Who wrote how much?

Chief Justice Dipak Misra, Justices AK Sikri & AM Khanwilkar - 237 pages Justice DY Chandrachud - 175 pages
Justice Ashok Bhushan 123 pages

#DelhiPowerTussle

The status of NCT of Delhi is sui generis, a class apart, & the status of the @LtGovDelhi is not that of a Governor of a State, rather he remains an Administrator, in a limited sense, working with the designation of @LtGovDelhi (page 228)
#DelhiPowerTussle

The meaning of ‘aid and advise’ employed in A 239AA(4) has to be construed to mean that the @LtGovDelhi is bound by the aid and advice of the CoM and this position holds true so long as the LG does not exercise his power under the proviso to clause (4) of A 239AA.

The words “any matter” employed in the proviso to clause (4) of Article 239AA cannot be inferred to mean “every matter”.

#DelhiPowerTussle @ArvindKejriwal @LtGovDelhi @AamAadmiParty