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". The court observed that difference of opinion between the Delhi government and the Centre "is to be referred to the President for final view". There were also some grey areas where the Delhi government had no footprints. They could not claim protection for other amounts they might possess, he said. The L-G, he added, was holding meeting separately with the officials without ministers.
He said the challenge is to Article 239 AA by virtue of which special status is accorded to Delhi.
The law, signed by former President Pranab Mukherjee on 27 February, also provides for a minimum fine Rs 50,000 for a false declaration by people who were overseas during the demonetisation period (November 9 - December 30, 2016) and given time to deposit such scrapped notes with the Reserve Bank of India (RBI) till March 31.
He also said that there are areas where Lt. Governor enjoys delegated powers and he alone is administrator in respect of them.
The Constitution has constrained the Delhi government from superseding the authority of the Lieutenant Governor, the apex has said, in what may be a setback for the AAP government. "Yes, that has to be genuine", the bench said. It asked the petitioners to file interlocutory pleas in the pending petition which will be taken up by Constitution bench.
It is, however, pretty clear that regardless of the political hue of the governments in power in the State and at the Centre, maintenance of public order and security, police and land will not for the foreseeable future, if ever, be handed over to the domain of the State Government given Delhi's unique status as Capital of the Indian Union. The existence of the LG in administrative issues was "mandatory" mentioned the apex court and the AAP government will have to adopt in the framework.
Hearing will continue on November 7.