SC says Centre controls ACB; Split on Services, matter referred to higher bench
Background
New Delhi: The Supreme Court on Thursday referd the decision on power tussle between Delhi Chief Minister and Lieutenant Governor to a three judge constitutional bench as the two judges Justice Sikri and Justice Bhushan could not come to consensus over whether the Delhi government or Lieutenant Governor should have jurisdiction over ‘Services’ in Delhi. The court however unanimously held that the Centre has the power to set up Inquiry Commission. Justice AK Sikri held transfers of posting of Joint Secretary&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.
Justice Sikri further held that GNCTD can appoint public prosecutors. Commission of Inquiry will come under the LG while Electricity Board will come under the Delhi government.
This comes after the court had reserved its order on November 1 on the same.
The court on July 4 had explained the constitutional provisions in power tussle between LG and Chief Minister. Speaking on the same the court had said that besides matter related to law, land and police; the court cannot take decisions on its on other matters.
The court however did not give a separate verdict on matters which were controversial. The court had decided to form a two-judge bench and decided to hold regular hearings on the same. The court is set pronounce a verdict on the same today. As per sources, the verdict can be out by 10:30 am on Thursday.
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.
During the hearings, the Centre had told the apex court that the Lieutenant Governor (LG) has the power to regulate services in Delhi.
The powers are delegated to the administrator of Delhi and the services can be administered through him, it had said.
The Centre also said that unless the President of India expressly directs, the LG, who is the administrator of Delhi, cannot consult the Chief Minister or the Council of Ministers.
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".
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.
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.
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.
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