SC delivers split verdict on Delhi government's powers


New Delhi, Feb 14 (IANS): A two-judge bench of the Supreme Court on Thursday delivered a split verdict on the powers of the Delhi government, with the issue now being referred to a larger bench.

While Justice A.K. Sikri said transfers and postings of Joint Secretaries and officers above will be in the domain of Lieutenant Governor; for those below them, the recommendation will be routed through the Council of Ministers of the elected government in Delhi.

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.

The Centre alone will control the Anti-Corruption Bureau and can only pass orders under the Commission of Inquiry Act.

The bench also said that the Delhi government will have the powers to appoint Special Public Prosecutor, and decide the minimum rate of the agricultural land in the national capital. The power to regulate electricity will also rest with the Delhi government.

Justice Sikri speaking for the bench on the issues except services said that there has to be mutual respect between the Delhi government and the Lieutenant Governor as it was an essential part of good governance.

Saying that both -- the LG and the Delhi government -- must realise that they are there to serve the people. The court said that LG will not routinely differ with Delhi government.

He said that on the issues where differences are fundamental backed by cogent reasons, the LG would refer the matter to the President for a decision which would be binding.

The court also made it clear that the LG would not unduly delay referring the matter to the President where there is a fundamental difference of opinion with the Delhi government.

  

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Comment on this article

  • Sampath, India

    Thu, Feb 14 2019

    AAP is giving though competiton to Congress in lies....fought against Congress and joining hands with them again??? These oppositions have no ideology nowadays...

    Reply Report Abuse

  • G R PRABHUJI, Mangalore

    Thu, Feb 14 2019

    Wait for 4 months. Ache Din will come .

    Reply Report Abuse

  • Raghavendra M K, Mumbai Maharashtra

    Thu, Feb 14 2019

    State wood to Delhi will solve such problems permanently . It looks odd a elected government by its people do not have full control over the sate affairs. No where in the world a capital city of the country have such recurring problems of power share.
    MERA BHARAT MAHAN.

    Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Feb 14 2019

    This Judgement is favoring Narendra Modi ...

    Reply Report Abuse


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Title: SC delivers split verdict on Delhi government's powers



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