Bar & Bench Profile picture
Jul 4, 2018 33 tweets 16 min read Twitter logo Read on Twitter
#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

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Bar & Bench

Bar & Bench Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @barandbench

Sep 26, 2018
#Aadhaar: Supreme Court Bench assembles, Justice AK Sikri pronouncing his judgment now.
#Aadhaar: Justice AK Sikri has authored judgment on behalf of himself and CJI Dipak Misra and Justice AM Khanwilkar.
#Aadhaar: It is better to be unique than the best, Justice AK Sikri starts his Aadhaar judgment.

Aadhaar has become the most talked about expression in the recent years.
Read 39 tweets
Sep 20, 2018
#BhimaKoregaon: "No interference should be allowed in criminal matters in the garb of PIL", ASG Tushar Mehta.
#BhimaKoregaon: ASG Tushar Mehta concludes; Sr. Harish Salve begins his arguments.
#BhimaKoregaon: One can have any ideology but have to draw a line when it comes to unlawful activities, Harish Salve.
Read 23 tweets
Sep 6, 2018
#Section377: Judgment by Supreme Court of India today post 11 am. Second pronouncement in less than five years. #GaySex
#Section377: Full court reference in honour of Justice Bharucha and Justice VA Mohta still in progress.

Judgment will be delivered after that.
#Section377: Full court reference concludes.

Court will re-assemble at 11.30 when the judgment will be pronounced.
Read 35 tweets
Sep 1, 2018
Conference organized by the Supreme Court AOR Association, to begin shortly.

The program will be inaugurated by the President of India Ram Nath Kovind and presided over by the Chief Justice of India Dipak Misra.
Guest of Honour Attorney General KK Venugopal has arrived
The President of India (@rashtrapatibhvn) Ram Nath Kovind along side the current CJI Dipak Misra and Justice Ranjan Gogoi.
Read 45 tweets
Jul 26, 2018
#Sabarimala: V Giri concludes, Sai Deepak J begins.
#Sabarimala: Rights under Article 25 is subject to Article 26.

Deity has rights under Article 21, 25(1) and 26 (b), J Sai Deepak.
#Sabarimala: While I have rights under Article 26, I am sticking to Article 25 and this case can be disposed of under A. 25, J Sai Deepak.
Read 41 tweets
Jul 26, 2018
#Sabarimala: Bench assembles, hearing commences; Sr. K Radhakrishnan begins arguments.
#Sabarimala: Freedom of religion is subject to public order, health and morality.

I pray that Your Lordships prefix that "morality" with "public", K Radhakrishnan on scope of morality under Article 25.
#Sabarimala: Radhakrishnan also submits that morality includes institutional morality which could arise from religion.
Read 18 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!

:(