SC says Centre controls ACB; Split on Services, matter referred to higher bench

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.

बैकग्राउंड

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.

14/02/2019 11:12:21

Lawyer Ashwini Upadhyay on Delhi govt vs LG matter: Supreme Court took decision on 6 issues. SC ruled in favour of centre in 4 of them. Anti-Corruption Bureau, posting & transfer of Grade 1 & Grade 2 officers, Commission of Inquiry, falls under Centre's jurisdiction.

14/02/2019 10:53:18

"I am convinced with Delhi High Court order" says Justice Bhushan

14/02/2019 11:03:28

Supreme Court unanimously holds that the Centre has the power to set up Inquiry Commission.

14/02/2019 11:38:14

The Aam Aadmi party expressed its dissent over Supreme Court verdict on power tussle between Delhi government and centre. Since the matter is now being referred to a higher bench due to difference of opinion between Justice Sikri and Justice Bhushan.

14/02/2019 10:52:15

In a major jolt to Arvind Kejriwal, Justice Bhushan says "Delhi government doesn't have any executive power"

14/02/2019 10:50:07

Justice Bhushan begins reading judgment, says "our judgment should be on the lines of that of July 4 judgment of constitutional bench"

14/02/2019 10:51:16

Justice AK Sikri says there is a difference of opinion on certain aspects between the two judges on the Bench. On transfer of bureaucrats, AK Sikri J holds that certain grade officers will fall under LG while others will fall under NCT of Delhi.

14/02/2019 10:47:55

Anti-Corruption Bureau cannot take action on central govt officials: Justice Sikri

14/02/2019 10:38:37

Both judges would pronounce separate judgments as both judges have differed views over no Public Service Commission, cadre. Therefore, Justice Ashok Bhushan would pronounce judgment separately.

14/02/2019 10:36:13

"Services, ACB, Commission of inquiry act, Electricity reform act, Land circle rate are matters of Public prosecutor" says SC

14/02/2019 10:33:31

Constitution bench already said that executive powers of Delhi government and LG are separate: Justice Sikri

14/02/2019 10:32:25

Justice Sikri begins pronouncing judgment in power tussle between Delhi CM and LG

14/02/2019 10:20:43

The Supreme Court is set to pronounce its verdict in the ongoing tussle between the Delhi Government led by Chief Minister Arvind Kejriwal and the Lieutenant Governor Anil Baijal.