Delhi Not a State, AAP Can’t Claim Privileges of One: Centre to SC

The Centre argued that the Delhi government has no exclusive, executive powers under the Constitution.

The Supreme Court of India. 

(Photo: Reuters)

The Centre on Tuesday told a Supreme Court bench headed by Chief Justice Deepak Mishra that Delhi is a Union Territory and that the Aam Aadmi Party government in the region cannot claim privileges of a state government.

Centre argued that the Delhi government has no exclusive executive powers under the Constitution.

Earlier in November, senior advocate Gopal Subramanian appearing for the AAP government said the challenge is to Article 239 AA by virtue of which special status is accorded to Delhi. 

The apex court, on 15 February, had referred to a constitution bench the pleas filed by the AAP government against the High Court verdict.

The city government told the apex court on 2 February that it has exclusive executive powers in relation to matters falling within the purview of the Legislative Assembly and neither the Centre nor the President or the LG can encroach upon these.

The Supreme Court had recently observed that the L-G seems to have primacy under the Constitution and that the Delhi government cannot act without L-G's agreement.