The Centre has told the Supreme Court that even though Delhi has an elected government, it remains a Union Territory administered by the President through the lieutenant governor.
In an application, Home ministry, said it was possibly an "oversight" by the apex court to consider Delhi as a state along with Mizoram, Arunachal Pradesh, Himachal Pradesh, Tripura and Nagaland, while it hadinstructed the setting up of the state human rights commissions.
"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.
"For all intent and purpose, state government for NCT of Delhi would imply the President acting through LG.", it added.