AAP vs L-G power tussle: Delhi Chief Minister Arvind Kejriwal and Lieutenant Governor Anil Baijal. (File)
AAP vs L-G HIGHLIGHTS: The Supreme Court Thursday delivered a split judgment on the tussle between the Lieutenant Governor and the Delhi government on the regulation of services in the national capital. While the bench comprising Justice A K Sikri and Justice Ashok Bhushan agreed on the Centre having control over the Anti-Corruption Branch (ACB) in Delhi, it had a difference in opinion on jurisdiction over ‘Services’ following which the issue was referred to a larger bench.
The court gave the Stamp Act, Electricity Board and Public Prosecutor to the Government of National Capital Territory of Delhi (GNCTD) and Commission of inquiry, ACB to the Centre. The NCT also got the ‘Revision of minimum rates of agricultural land’ but the Court said that the L-G can refer to President in this case.
In July 2018, a five-judge Constitution bench of the court had laid down broad parameters for governing the national capital, which has witnessed a battle for turf between the Centre and the Arvind Kejriwal government. The apex court had ruled that the Lieutenant Governor (L-G) has no “independent decision-making power” and that he has to take decisions on the advice of the Cabinet.
After this, on September 19, the Centre had told the apex court that administration of Delhi cannot be left to the Delhi government alone and emphasised that it has an “extraordinary” position by virtue of Delhi being the country’s capital. On the other hand, the Delhi government on October 4, told the apex court that it wanted its petitions relating to governance of the national capital be heard soon as it did not want “stalemate to continue in administration”. The bench had reserved its verdict in the case on November 1, 2018.
Watch: What the Supreme Court had said in July last year
AAP vs L-G power tussle: The Delhi government had told the top court that it wanted to know where it stands with regard to the administration in view of the Constitution bench verdict of the apex court on July 4.
Arvind Kejriwal said, "The judgement is against the Constitution and democracy. The key is in the hands of people of Delhi. We will see what legal route we can take. We have relentlessly fought with the LG and bureaucrats to ensure that files are cleared. How will Delhi function like this? If we have to sit on a dharna for getting files cleared, then how do we run Delhi? The elected government should have full powers. I want to appeal to the power of Delhi to give all the seven seats to AAP. We will force them to grant full statehood to Delhi."
Delhi Chief Minister Arvind Kejriwal is addressing a press conference on SC verdict today. Kejriwal said, " ACB was under Delhi government for 40 years. Now, if anybody will come to us with any corruption complaint, how will we act on that?" "This is an unfortunate judgment against democratic values," he added.
The last word on who controls services in Delhi has not been spoken yet. A two-judge Supreme Court bench of Justices A K Sikri and Ashok Bhushan Thursday referred the question to a larger bench after the two judges gave a differing view on the subject while deciding a batch of petitions that sought to settle the power tussle between the Lieutenant Governor (L-G) and the Delhi government. Read More
As the Supreme Court Thursday referred to a larger bench the issue of whether the Delhi government or Lieutenant Governor should have jurisdiction over ‘Services’ in the national capital, the Aam Aadmi Party tweeted a clip from actor Sunny Deol’s movie Damini where Deol famously delivers a dialogue that perhaps best explains the party’s feelings right now. ‘Tarikh pe tarikh, tarikh pe tarikh milti aayi hai judge sahab, lekhin insaaf nahi mila‘, in the court. Read More
Justice AK Sikri held that the transfer of Joint Secretary-rank and higher officials will remain the domain of the Lieutenant Governor, while other officers fall under the Delhi government. However, in case of a difference of opinion, the view of the L-G will prevail. Justice Bhushan has a different view. Both judges were in agreement that the Anti-Corruption Bureau (ACB) will come under the L-G—a decision that will not go down well with AAP government. Read More
Unfortunate there is no clarity, people of Delhi will continue to suffer: AAP spokesperson after SC verdict on Delhi vs Centre.
A two-judge bench of the Supreme Court Thursday delivered split judgment on the jurisdiction of Centre or Delhi government over the appointment and transfer of bureaucrats in Delhi. Both justices agreed that the Centre will have control over the Anti-Corruption Bureau. Delhi govt has the powers to appoint special public prosecutors, directors under Electricity Act, also entitled to charge revenue on agricultural land. A larger bench of the apex court will take a call on services since there is a difference of opinion among the two judges. Read More
In short, here is the division of power between the Centre and the Delhi government except for the services which will now be decided by a larger bench.
Services - Larger Bench
Anti-corruption branch - Centre
Appropriate govt under the Commission of Enquiry Act - Centre
Electricity reforms - NCT
Revision of minimum rates of agricultural land - NCT but LG can refer to President
Power to appoint Special PP - NCT
In short, here is the division of power between the Centre and the Delhi government except for the services which will now be decided by a larger bench.
Services - Larger Bench
Anti-corruption branch - Centre
Appropriate govt under the Commission of Enquiry Act - Centre
Electricity reforms - NCT
Revision of minimum rates of agricultural land - NCT but LG can refer to President
Power to appoint Special PP - NCT
So now a larger Supreme Court bench will take a call on services since there is a difference of opinion among the two judges about it.
Justice Ashok Bhushan says, "On services- entry 41, list 2 is not available with GNCTD. There is no occasion to arise that executive power is given to GNCTD.
SC judgement by Justices AK Sikri & Ashok Bhushan on LG VS Delhi Govt: Justice Sikri: all officers of Joint Secy rank and above can be appointed by LG. Rest, file to be routed through Delhi Govt. Justice Bhushan has a different view. Both judges in agreement that centre will have control over ACB. Also holds the appropriate government as regards to the commission of inquiries act will be the Centre.
Justice Sikri also said that the power to appoint Public Prosecutor lies with GNCT Delhi.
Justice A K Sikri says, "Transfer of certain grade officers will fall under LG's jurisdiction while others will fall under NCT of Delhi. Anti-corruption branch- on this issue, if we go by the historical perspective, and the issue is only for central government employees, it is under list entry 1,2 of list 2, hence notification of central government is perfectly in order. Commission of enquiry-- going by the provisions of the general clauses act, the appropriate government, in this case, will be the central government. HC order on this point is upheld." "Electricity board- we have held that this power lies with GNCTD," he said.
Justice AK Sikri says there is a difference of opinion on certain aspects between the two judges on the Bench. On transfer of bureaucrats, AK Sikri J holds that certain grade officers will fall under LG while others will fall under NCT of Delhi. On Anti-Corruption Branch (ACB) being directed by LG not to take cognisance of offences against Central Govt officers, Centre's power upheld by SC.
Issues discussed inside the court:
Services
Anti-corruption bureau
Appropriate govt under the Commission of Enquiry Act
Electricty reforms act
Revision of minimum rates of agricultural land
Power to appoint Special Public Prosecutor
The Supreme Court says the Delhi government has all the power except on land and police.
Top court begins reading out the verdict on the tussle between the Lieutenant Governor and the Delhi government on issues such as the power to regulate services in the capital.
The five-judge bench headed by CJI Dipak Misra had ruled that the Delhi government does not need the concurrence of the Lieutenant Governor for its decisions but has to only keep him posted. The LG should not act as an “adversary having a hostile attitude” towards the government but act as a facilitator. “The LG and the council of ministers must attempt to settle any point of difference by way of discussion and dialogue,” it said.
Kejriwal-led AAP government had hailed the judgment as a “big victory for Delhi and democracy.” It had also accused the Modi government of wasting “precious three years” of Delhi.
In July 2018, a five-judge Constitution bench of the court had laid down broad parameters for governing the national capital, which has witnessed a turf battle between the Centre and the Arvind Kejriwal government. The court ruled that Delhi cannot be accorded the status of a state. It also said the L-G had no “independent decision-making power” and must act on the aid and advice of the elected government. The court, however, did not get into individual challenges regarding powers in specific areas, and left that to future adjudication. While the Centre has taken the stance that the L-G has the power to regulate services in Delhi, the AAP government has opposed the notion.
In January, representing the Delhi government, senior advocate Indira Jaising brought up the matter before a bench headed by Justice A K Sikri. She said several administrative issues had cropped up in the governance of Delhi, and requested that judgment be delivered at the earliest. Justice Sikri replied that the matter lay with his brother judge, and that judgment would be pronounced soon. A bench of Justice Sikri and Justice Ashok Bhushan had concluded hearing on petitions challenging the notifications related to control over services, setting up of a Commission of Inquiry and the power of the anti-corruption bureau, and reserved the verdict.
Welcome to our Live blog. The Supreme Court on Thursday will pronounce its judgment on the tussle between the Lieutenant Governor and the Delhi government on issues such as the power to regulate services in the capital. Follow to get the latest updates.