Delhi power struggle: SC gives split verdict
SC setback for AAP government
New Delhi: In a setback to the AAP government in Delhi, a two-judge bench of the Supreme Court on Thursday gave a split verdict on the contentious issue of who should control administrative services but appeared to agree that the Centre has the final word. In view of the differences, Justices A.K. Sikri and Ashok Bhushan referred the matter to a larger bench of the apex court. Delhi Chief Minister Arvind Kejriwal termed the verdict as “unfortunate”.
The Supreme Court on Thursday held that the Central government has absolute power with regard to registration of cases by the Anti corruption Bureau of the Delhi government and the Kejriwal government cannot take any action unilaterally.
A bench of Justices A.K. Sikri and Ashok Bhushan gave this verdict on appeals preferred by the Kejriwal government against a Delhi high court judgment giving absolute powers to the Lt. Governor in respect of administration of the Union Territory.
On the issue of control over employees serving under the Delhi government including subordinate services, while Justice Sikri held the Delhi government has the power to transfer the employees, Justice Bhushan held that the power vested with the Centre. In view of the split verdict the matter has now been referred to the Chief Justice for constituting a three-judge bench to decide this issue.
The bench unanimously held that only the Centre has the power to set up an inquiry commission. This would mean that the Delhi government would not be able to probe central government officials.
On the issue of appointment of Special Public prosecutors, the bench held that only the Delhi government and not the Centre has the power, which has to be exercised by the Lt. Governor with the aid and advice of the Council of Ministers of the Delhi government. Issues pertaining to New Delhi, Feb. 14: Claiming that the Supreme Court’s split verdict on the contentious issue of control of services in the National Capital Territory is against “constitution and democracy”, Delhi Chief Minister Arvind Kejriwal Thursda y said the AAP government will seek legal remedies.
At a press conference after the apex court order, he accused the BJP-led government at the centre of creating hurdles in the functioning of the AAP dispensation and appealed to the people to elect AAP candidates in all the seven Lok Sabha seats in the national capital in the upcoming general elections to help the party achieve full-statehood for Delhi.
“The judgment is against constitution and democracy. We will seek legal remedies,” Kejriwal said, adding it was an “injustice to the people” of Delhi. “The people of Delhi helped us win 67 of 70 seats. An elected government doesn’t even have power to transfer officers, but those with three seats (BJP) do. How will the government function if we can’t transfer non-performing officials?” he posed. the Electricity Reforms Act, revision of minimum rates of agricultural land would all lie within the NCT government’s domain, the Court held.