SC TO HEAR NEXT WEEK DELHI GOVT’S PLEAS OVER SERVICES
Recent verdict held that LG has no independent power to take decisions
NEW DELHI: The Supreme Court on Tuesday agreed to hear next week appeals of the Delhi government relating to the scope of its various powers in view of the recent verdict by a Constitution bench that held that the Lieutenant Governor has no independent power to take decisions. Rahul Mehra, senior standing counsel for the Aam Aadmi Party (AAP) government, tweeted that the plea had been filed before the court of Chief Justice Dipak Misra, seeking an early disposal of all appeals filed by the Delhi government.
Mehra said the bench headed by the Chief Justice has indicated that "the matters shall be listed before the appropriate bench sometime next week". The Delhi government approached the top court as there was "still confusion over who has powers in transfers and postings of officials", Mehra said.
A five-judge Constitution bench headed by Chief Justice Dipak Misra had recently laid down broad parameters for the governance of the national capital, which has witnessed a power struggle between the Centre and Delhi government since the Aam Aadmi Party came to power in 2014. The bench had clarified that issues regarding various notifications issued by the Delhi government in exercise of its administrative and legislative powers would be dealt separately by an appropriate smaller bench.
The bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud considered the submission of the Delhi government that even after the verdict the stalemate over the issue of public services was continuing and that needed to be dealt with by an appropriate bench. "It will be listed sometime in next week," the bench told lawyer Rahul Mehra, representing the Delhi government. The apex court had in its July 4 ruling, vindicated Delhi Chief Minister Arvind Kejriwal, who has long accused the LG of preventing his government from functioning properly. It had said that barring three issues of public order, police, and land, the Delhi government has the power to legislate and govern on other issues.
On July 5, the Arvind Kejriwal government sent Baijal files recommending transfer and posting of officials. But the Lt Governor stonewalled it, saying the issue involving "Services" was yet to be decided. LG Baijal said the Union Home Ministry had advised him to keep exercising powers over "Services" because the May 21, 2015 notification remained valid until a regular bench of the apex court decided on it. There were two LGS –incumbent Anil Baijal and his predecessor Najeeb Jung –with whom Kejriwal was at loggerheads, accusing them of preventing the functioning of his government at the behest of the Centre.