Arun Jaitley has written a blog on “What the Supreme Court has actually observed in the Delhi Government case.”
His blog says, Delhi unquestionably is a Union Territory. Its power structure has to be separate and distinct. It is the seat of the Central Government, the Supreme Court, the Rashtrapati Bhawan, offices of the Central Government, embassies of foreign countries are located in Delhi, heads of foreign States are frequent visitors to Delhi.
Who should, therefore, be controlling the law and order, police, land and various other facets of Delhi? After experimenting Delhi as part ‘C’ State and then as a Union Territory, a hybrid administrative structure for Delhi was conceived.
Some powers, including police, public order and land, were vested in the Central Government and several other residuary powers were vested in the elected State Government.
They were, however, subject to the keen eye of the Central Government in rare cases where power was not being appropriately used.
It would be appropriate to construe the proviso as a protector of national concerns in regard to governance of the NCT.
The Lieutenant Governor is a watchdog to protect them. The court has rightly observed that all the three institutions, the elected Government, the LG and the Central Government must work in harmony keeping the interest of the people and the national capital in mind.