Kejriwal-Centre power tussle: Supreme Court seeks Delhi govt’s reply on Centre’s notification

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A division bench of Delhi HC is likely to hear later in the day AAP-led government’s petition to quash the two notifications issued in July 2014 an on May 21 this year.

The SC bench issued a notice to the Delhi government also on a plea by the Centre to stay the May 25 order by HC, which questioned MHA’s authority to issue notifications. These notifications accorded the Lt Governor exclusive authority to take decisions relating to services of bureaucrats in Delhi, besides barring Anti Corruption Branch to act against central government officers.

The court has sought Delhi goverment’s response in three weeks. It has however made clear Delhi HC may hear the Delhi government’s petition independent of all the observations made against Issuance of the impugned notifications.

As the Delhi government’s counsel opposed a plea to stay the observations, the bench said: “You can’t have it both ways. Either you tell us you won’t rely on these observations in your writ petition or we will pass an order. These are important issues and can’t be wished away just like that.”

In its petition, the Centre has questioned the May 25-order of the HC, which was hearing bail application of a Delhi Police constable arrested by ACB of the Delhi Government on bribery charges.

While rejecting the bail of the constable, the HC had said the Centre lacks executive power to issue notifications to restrict the authority of the GNCTD (Government of National Capital Territory of Delhi) to act through ACB against central government employees.

It added the the legislative assembly of the NCT has authority to make pertinent laws and that the Lt Governor must act on the “aid and advice of the council of ministers. The HC indicted the MHA for issuing notifications.

The Centre has told the bench that HC was “unconstitutional and perverse” since it was not only passed without hearing them, it also failed to note the NCT of Delhi was a centrally- administered territory with constitutionally restricted legislative and executive powers and the same could not be equated with that of the states.

It contended the HC was wrong in holding that there were “no fetters” on the legislative powers of the Delhi assembly for enacting laws on the subjects in the concurrent list because under the Constitution, the Delhi assembly could make laws only in respect of the powers vested in it and not otherwise.

“The impugned order is liable to be set aside on the ground to failure to comply with the fundamental norms of natural justice; the right to be heard,” said the Centre.

Meanwhile, the AAP government has moved the HC challenging the validity of the notifications on grounds that they violate constitutional provisions.