Delhi a Union Territory ruled by President through LG: Centre to Supreme Court

NEW DELHI: In what could rile the Arvind Kejriwal government, already in a confrontational mode with the Centre over power-sharing, the latter has told the Supreme Court that despite having an elected government, Delhi remains a Union Territory administered by the President through the lieutenant governor.

The home ministry , in an application, said it was possibly an “oversight“ by the apex court to treat Delhi as a state along with Himachal Pradesh, Mizoram, Arunachal Pradesh, Tripura and Nagaland, while it had directed the setting up of the state human rights commissions.

The SC had not discussed whether the Protection of Human Rights Act contemplated setting up of SHRCs in Union Territories. “Inclusion of Delhi in the direction as State of Delhi may be due to an oversight of the fact that the Delhi government continued to be Union Territory despite having an elected government,“ it said.

“Since the NCT of Delhi is a Union Territory, it is administered by the President through an administrator (Lieutenant Governor) appointed by him under Article 239(1) of the Constitution,“ it said. “Thus, the administration of UT of Delhi falls under the jurisdiction of the central government and there is no separate independent entity called `state government' in the National Capital Territory ,“ it said.

In what can be seen as rubbing salt on the wounds of the Kejriwal government, it said: “For all intent and purpose, state government for NCT of Delhi would imply the President acting through LG." And the affidavit did not even mention once about the elected AAP government which had been demanding administrative control over police and Delhi Development Authority .