The Supreme Court on Thursday (February 14) pronounced its verdict to settle the power tussle between Aam Aadmi Party government in Delhi and the Centre.
While the issue over control of services has been referred to a larger bench, the two-judge Constitution bench of the Supreme Court, comprising Justice AK Sikri and Ashok Bhushan, said only Centre has the power to set up an inquiry commission.
This means that the Delhi government will not be able to probe central government officials. The partial verdict seems to be a setback for the Delhi government which was seeking more control over operations in the national capital.
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11:35 am: Here is a synopsis of the entire verdict
- Control of Delhi ACB with Centre
- Power to appoint Commission of Inquiry with Centre
- Power to appoint Spl public prosecutors with Delhi govt
- Appointment of directors under the Electricity Act, revision of agricultural land rate with Delhi
11:25 am: AAP not happy with judgement. In a tweet, the Delhi government indicated that it was dissatisfied with the SC's decision to refer the issue of control of services to a larger 3-judge bench.
11:15 am: This seems to be a setback for the Delhi government as the AAP government was expecting control agencies like the anti-corruption branch (ACB). However, the Supreme Court bench said only the Centre has the jurisdiction over it.
11:09 am: Commenting on the verdict, lawyer Ashwini Upadhyay said, "Electricity department, revenue department, posting and transfer of Grade 3 and Grade 4 officer will come under Delhi government. In case of difference of opinion, LG's view will prevail."
He further said that the top court took a decision on 6 issues. "SC ruled in favour of centre in 4 of them. Anti-Corruption Bureau, posting and transfer of Grade 1 and Grade 2 officers, Commission of Inquiry, falls under Centre's jurisdiction," he added.
11:04 am: Both judges have agreed on all points except services. He said all officers fall under the domain of the central government.
10:58 am: On electricity reforms Act, SC said Delhi government can control directors of the DERC. On circle rates and stamp act-- DELHI government CAN decide circle rates of agricultural land.
10:56 am: The 2-judge bench of the Supreme Court has referred the power tussle case over control of services to a larger court, according to sources. However, the bench clearly said that the Delhi government cannot set up a commission of inquiry.
10:54 am: While reading out his verdict, Justice AK Sikri said transfers of Joint Secretary and above officers are in the domain of the LG while other officers fall under the Delhi government. However, in case of difference of opinion, view of LG to prevail. Anti Corruption Bureau to come under LG.
10:50 am: It may be noted that the court will have to keep in mind the GNCTD act and conduct of business rules. Letter and spirit behind the division bench judgment will have to be kept in mind.
10:45 am: Justice AK Sikri is currently reading out the verdict. SC says executive power of the Delhi government extends to ALL issues except land, police and public order. It has come to light that the SC two-judge bench have a split verdict on the jurisdiction of Centre or Delhi government over the appointments and transfer of bureaucrats.
Supreme Court two-judge bench have split verdict on the jurisdiction of Centre or Delhi government over appointment and transfer of bureaucrats in Delhi.
Here are 10 points you need to know before the verdict:
1) During the hearings held earlier, the Centre had told the apex court that Delhi Lieutenant Governor (LG) Anil Baijal has the power to regulate services in Delhi. It added that powers are delegated to the administrator of Delhi (Delhi LG). However, the AAP government in Delhi is not in agreement with the Centre over the matter.
2) The Centre also argued that unless the President of India directs the LG, he cannot consult the Chief Minister or the Council of Ministers.
3) Earlier in October 2018, the Delhi government told SC that it wanted its petitions relating to governance of the national capital to be heard soon as it wants to quickly get rid of the stalemate, which is hampering administration in the city.
4) The Arvind Kejriwal-led AAP government informed the top court that it wanted to know where it stands with regards to administration in view of the bench verdict of the SC on July 4.
5) A 5-judge bench had on July 4, 2018, laid down broad regulations for governance of the national capital, which has been witnessing a power struggle between the Centre and Delhi government since AAP government came to power in 2014.
6) In its verdict, the bench unanimously held that Delhi cannot be accorded the status of a state but clipped the powers of the LG, saying that he has no "independent decision-making power" and has to act on the advice of the elected government.
7) On September 19 last year, the Centre told Supreme Court that the administration of Delhi cannot be left to Delhi government alone. It emphasised that Delhi has an "extraordinary" position as it is the country's capital.
8) The Centre has also told the court that the five-judge bench of the top court had categorically held that Delhi cannot be accorded the status of a state.
9) One of the key points highlighted by the Centre is that whether the Government of National Capital Territory of Delhi (GNCTD) has legislative and executive powers so far as "services" are concerned. The Centre also said that the national capital houses several institutions of vital importance like Parliament and the Supreme Court and foreign diplomats also resides here.
10) Meanwhile, Delhi Chief Minister Arvind Kejriwal had been at loggerheads with incumbent LG Anil Baijal and his predecessor Najeeb Jung. Kejriwal had accused both of them of preventing the functioning of his government at the behest of the BJP-led central government.
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