SC allows Delhi govt to withdraw cases filed during AAP rule against Centre, L-G

The law officer pointed out that the seven cases filed by the then Arvind Kejriwal government included one on the control of services in Delhi, the authority of L-G in committees, including solid waste management and Yamuna River cleaning, and against the validity of some Acts and ordinances issued by the Centre.

The battle for control over services had resulted in a judgment by a five-judge constitution bench of the court on May 11, 2023. Giving control over services — excluding police, public order and land — to the Delhi government, the SC said the National Capital Territory administration is unlike other Union Territories and has been accorded a ‘sui generis’ (unique) status by the Constitution and that an elected government needs to have control over bureaucrats, failing which the principle of collective responsibility will be adversely affected.

In an apparent bid to overcome this, the Centre on May 19, 2023, promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to set up a National Capital Civil Service Authority for the transfer and posting of Group-A officers in Delhi.

The then AAP government challenged this before the SC, and the matter has been pending since.

Another such dispute between the Delhi government and the L-G was over the January 19, 2023, National Green Tribunal order, which said the L-G would head a high-level committee for Yamuna rejuvenation. On a challenge by the AAP government, the SC had stayed the order.

The two sides were also caught in litigation over the alleged non-release of funds for the Delhi Jal Board for 2023-2025 and the appointment of the Delhi Electricity Regulatory Commission (DERC) chairperson.

Earlier, cases filed by the AAP government against officers were also withdrawn from the Delhi High Court.

The AAP-led Delhi government had protested against the Ordinance and said it was behind the emboldening of bureaucrats who, it alleged, stopped following ministers’ orders and attending meetings called by them.

AAP ministers and then Chief Minister Arvind Kejriwal had said the amended Act was a way to challenge the SC’s verdict and had led officers to defy directions from the elected government, thereby stalling work in Delhi.

Some examples given by party leaders was the stalled work on water and sewer pipelines and repair of broken roads. Many ministers had also written to the L-G seeking action against officers and claimed the officers were only following the L-G’s directions.

The allegations were denied by the L-G office.