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The BJP government is set to move court seeking “early hearing” in cases that the previous AAP regime had lodged against the Union government, the Lieutenant Governor (L-G)) and the heads of some departments in Delhi, so that these cases can be “withdrawn immediately”, sources said Wednesday.
According to sources, the government has already initiated the process to withdraw cases related to the appointment of Delhi Electricity Regulatory Commission (DERC) chairman, Services Department, Pradhan Mantri Ayushman Bharat Health Infrastructure Mission (PM-ABHIM), funding for Delhi Jal Board, appointment of lawyers in Delhi riot cases, and formation of a high-level committee on Yamuna river pollution, among others.
Officials said that the Law Department has moved a proposal saying that such litigations not only cause “hardship” for the bureaucracy but also leads to “administrative paralysis”, which delays policy-making and execution of projects.
“The proposal has already been approved by the L-G Secretariat and the proceedings to withdraw cases have begun… The Health Department has moved an application to withdraw cases filed by the former minister, Saurabh Bharadwaj,” said an official, adding that eight to nine such cases have been filed by AAP ministers.
An internal note of the Law Department has stated, “After coming to power in 2014, a large number of court cases were filed by the minister-in-charges of then government against the Union of India questioning its authority dehors the provisions of Articles 239 and 239AA of the Constitution and the GNCTD Act, 1991.”
It added, “…primary concern was related to the constitutional status of NCT of Delhi, which was re-iterated by judgment dated 04.07.2018 by the Constitution Bench of Supreme Court… upholding the constitutional status of NCT (National Capital Territory) of Delhi, as a Union Territory. However, after this judgment, another round of litigation was initiated over administrative control, particularly over bureaucratic appointments, law enforcement, and governance powers and even the authority of L-G.”
The department has obtained a list of court cases moved by then chief minister/minister-in-charges against the Union of India, L-G and some heads of departments, from the L-G Secretariat, the note said, adding that there may be more such cases in the knowledge of the administrative secretaries.
According to the note, “One of such cases… (was) implementation of Ayushman Bharat health schemes (in Delhi)… During examination of the proposal, it came to light that a special leave petition… had been filed by the then minister (Health) challenging the order…”
Officials said the Health and Family Welfare Department had filed the application before the Supreme Court. Officials, meanwhile, said the department has withdrawn one major case related to the Ayushman Bharat scheme.
The note further said, “Such cases not only create an embarrassing situation before courts of law but also have the potential to adversely affect the relations of government of NCT of Delhi with the Central government within the meaning of the GNCTD Act, 1991.”
It added that in the “interest of constitutional harmony” with the Centre and the L-G, “it is proposed in public interest that all such cases… filed by then minister-in-charge be withdrawn by filing appropriate applications/petition before concerned courts by the concerned administrative departments”.
“Necessary action may be taken immediately by the concerned administrative secretary and compliance report be submitted within 15 days,” said the note. After approval by the concerned minister and chief secretary, the department may send the matter to the Chief Minister for a final call, it added.
Officials said that with the approval of the ministers, the government has also decided to withdraw any similar case as “identified by the administrative secretaries”.
Among the several cases filed by the previous government that are pending before the SC, the most significant is the 2023 case challenging the Services Ordinance that was referred to a Constitution Bench. A five-judge bench is yet to be formed to hear the matter. Since the case involves the powers of the state government, the BJP government’s decision to withdraw it could mean that SC may not hear the issue based on challenge by a private party.
Another case, challenging the appointment of DERC chairperson, is also pending before SC. This case would, however, be contingent upon the Constitution Bench verdict. Other such cases included a couple challenging the orders of the National Green Tribunal, where the L-G was appointed as head of high-level committees looking into cleaning of Yamuna and solid waste management.
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