An order of the National Green Tribunal (NGT) appointing Delhi Lieutenant Governor Vinai Kumar Saxena as the chairperson of a high-level committee on the Yamuna Rejuvenation Project has been put on hold by the Supreme Court on Tuesday. The Delhi Government argued in the Supreme Court that the NGT order violates Delhi's constitutional scheme of governance as well as the SC Constitution Bench's orders from 2018 and 2023.
A notice was issued by a bench consisting of Chief Justice of India (CJI) DY Chandrachud, Justices PS Narasimha, Manoj Misra, and Manoj Misra on a plea by the Delhi government challenging the January 9 NGT order. The Court likewise remained in favor of the request to the degree that Delhi LG was named as a part of the board of trustees.
Violation of the constitutional scheme
The plea by the Delhi government said that the NGT decision was in violation of the constitutional scheme of administration in Delhi as well as 2018 and 2023 sets of a Constitution bench of the court.
It was stated that the Delhi government has acknowledged the significance of interdepartmental coordination in addressing the pollution issues affecting the Yamuna River and effectively implementing the necessary remedial measures. Additionally, the Delhi government has voiced strong opposition to the executive powers granted to the LG by the NGT order. These powers, as indicated by the Delhi government, infringe upon regions only under its capability.
As a result, the government argued that the elected head of the government, in this case the Chief Minister, should oversee the river pollution issue.
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