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Delhi Govt vs LG Case: SC delivers split verdict on Delhi govt's powers

It is to be mentioned that there has been a tussle of power between Delhi government and centre, since the 'Aam Aadmi Party' came to power in 2014.

Saima Siddiqui

Saima SiddiquiBy Saima Siddiqui

Published on 14 Feb 2019 7:13 AM GMT

Delhi Govt vs LG Case: SC delivers split verdict on Delhi govts powers
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New Delhi: A two-judge bench of the Supreme Court, on Thursday, delivered a split verdict on the jurisdiction of Centre or Delhi government over appointment and transfer of Delhi government officers.

While, Justice A.K. Sikri said Where, transfers and postings of Joint Secretaries and officers above falls in the domain of Lieutenant Governor; the appointment and transfer of other officers fall under Delhi govt, the recommendation will be routed through the Council of Ministers of the elected government in Delhi. Given that in case of difference of opinion, view of LG to prevail.

However, Justice Ashok Bhushan differed saying that the Delhi government has no control over appointments. Transfer and appointment of "higher" officers will rest with the Centre, he added.

Highlights:

-SC refers the issue to larger bench to decide on whether Delhi govt or LG should have jurisdiction over services in Delhi.

-Both elected government and Lieutenant Governor should work together in mutual respect for the welfare of people: SC

-SC holds in favour of Centre on power to set up Inquiry Commission and says that Delhi govt cannot appoint a commission under Commission of Inquiry Act, 1952.

-Delhi's elected government has power to appoint special public prosecutor: SC

-SC division bench, however, in a unanimous verdict says that Centre will have jurisdiction over Delhi's anti-corruption bureau and upholds Centre's notification.

-Justice AK Sikri holds transfers of posting of Joint Secretary and above officers are in the domain of LG while other officers fall under Delhi govt, however, in case of difference of opinion, view of LG to prevail. Anti Corruption Bureau to come under LG

-Supreme Court two-judge bench have split verdict on the jurisdiction of Centre or Delhi government over appointment and transfer of bureaucrats in Delhi

-Difference of opinion among judges on control of services in Delhi

-Two judge bench of SC delivers split verdict on whether Delhi govt or Centre has jurisdiction over appointment and transfer of bureaucrats in Delhi.

-In the landmark verdict, it had unanimously held that Delhi cannot be accorded the status of a state but clipped the powers of the Lieutenant Governor (LG), saying he has no "independent decision making power" and has to act on the aid and advice of the elected government.

-The five-judge bench had on July 4, last year laid down broad parameters for governance of the national capital, which has witnessed a power struggle between the Centre and the Delhi government since the Aam Aadmi Party came to power in 2014.

-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 apex court on July 4.

-On October 4, last year, the Delhi government had 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".

-During the hearings, the Centre had told the apex court that the Lieutenant Governor (LG) has the power to regulate services in Delhi.

-A bench of justices A K Sikri and Ashok Bhushan had on November 1 last year reserved its verdict on the petitions challenging the notifications issued by the Centre and the Delhi government.

-The Supreme Court is likely to pronounce its verdict today on a batch of petitions challenging various notifications including on control of services and power of Anti-Corruption Bureau (ACB) in the ongoing tussle between the Delhi government and the Centre.

It is to be mentioned that there has been a tussle of power between Delhi government and centre, since the 'Aam Aadmi Party' came to power in 2014.

Saima Siddiqui

Saima Siddiqui

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