Home Law AAP Vs Centre: Supreme Court says Centre has absolute control over Delhi's Anti-Corruption Branch

AAP Vs Centre: Supreme Court says Centre has absolute control over Delhi’s Anti-Corruption Branch

The Delhi Chief Minister Arvind Kejriwal had been at loggerheads with incumbent LG Anil Baijal and his predecessor Najeeb Jung. Kejriwal had accused both of them of preventing the functioning of his government at the behest of the BJP-led central government.

Three months after the Supreme Court reserved its right on an assortment of petitions challenging notifications issued by the Arvind Kejriwal led government amid the power tussle between the Centre and Delhi, the SC delivered its final judgement on Thursday.

A bench of justices AK Sikri and Ashok Bhushan pronounced their findings on nine petitions that were filed before the court in connection with the dispute. The hearing had concluded on November 1, 2018.

The issues, which the court ruled upon, were, as to who would have the control over services in Delhi administration, the power to set up the commission of inquiry, and control over the anti-corruption bureau.

- Advertisement - - article resumes -

Below are the key takeaways of the verdict delivered by the bench:

  • Two judge bench of SC delivers split verdict on whether the Delhi government or Centre has jurisdiction over appointment and transfer of bureaucrats in Delhi.
  • There was a difference of opinion among judges over control of services in Delhi.
  • Supreme Court two-judge bench have split verdict on the jurisdiction of Centre or Delhi government over appointment and transfer of bureaucrats in Delhi.
  • Justice AK Sikri holds, transfers of posting of Joint Secretary and above officers are in the domain of LG, while other officers fall under the Delhi government, however, in case of difference of opinion, view of LG to prevail. Anti Corruption Bureau to come under LG.
  • The bench unanimously decides that the Centre will have jurisdiction over Delhi’s anti-corruption bureau and upholds Centre’s notification.
  • SC says that Delhi’s elected government has the power to appoint a special public prosecutor
  • SC says that both elected government and Lieutenant Governor should work together in mutual respect for the welfare of people.
  • SC refers the issue to a larger bench to decide on whether the Delhi govt or LG should have jurisdiction over services in Delhi.
  • SC also holds in favour of Centre on power to set up Inquiry Commission and says that Delhi govt cannot appoint a commission under Commission of Inquiry Act, 1952.
  • Justice Ashok Bhushan dissents from Justice Sikri on the issue of ‘Services’ and says all the officers fall under the domain of the Central government.
  • SC asks the Delhi Government to sort out their differences with the LG. “Mutual respect for each other is an essential part of good governance and they must realise that they are supposed to work for benefits of common citizens”, said the bench to both the parties.

Finally, according to what Lawyer Ashwini Upadhyay told ANI, the Supreme Court took a decision on 6 issues. Amongst those 6, SC ruled in favour of the centre in 4 of them.

The final verdict on the legal battle of Centre Vs Delhi’s AAP:

While the Anti-Corruption Bureau, posting & transfer of Grade 1 & Grade 2 officers, Commission of Inquiry, falls under Centre’s jurisdiction, the Electricity department, Revenue department, posting & transfer of Grade 3 & Grade 4 officer will come under Delhi government. But in case of any difference of opinion, the LG’s decision will prevail.

While the issue over control of services has been referred to a larger bench, the SC said in its verdict that only the Centre has the power to set up an inquiry commission. This means that the Delhi government will not be able to probe the central government officers.

The partial verdict comes as a setback for the Delhi government which was hoping for more control over the governance of Delhi.

The Delhi Chief Minister Arvind Kejriwal had been at loggerheads with incumbent LG Anil Baijal and his predecessor Najeeb Jung. Kejriwal had accused both of them of preventing the functioning of his government at the behest of the BJP-led central government.

Earlier in October last year, the Delhi government told SC that it wanted its petitions relating to the governance of the national capital to be heard soon as it wants to quickly get rid of the stalemate, which is hampering administration in the city.

Help Us Reach Every Indian, Please Share This Post
We need your support to survive in the media industry. Please consider paying us for the content we produce:

To know more about these payments, please click here.


Advertisement

Big Story

80 doctors at the RG Kar Medical College and Hospital in Kolkata have resigned demanding an apology from the Chief Minister for her remarks.

2019 World Cup Is Here!

Catch the latest on Cricket World Cup as it unfolds, special coverage by Opindia

NDTV's takes journalism to new heights by asking Rahul Gandhi how did he like his samosa

Rahul Gandhi got conned by his own men: Report says ‘Big Data’ head Praveen Chakravarty billed Congress 24 crores and is now absconding

A day prior to election results, Rahul Gandhi had reportedly even contacted UPA allies and offered to accommodate them in the cabinet.

Pakistani pop singer wanted a Dutch MP killed for blasphemy, this is where she learnt bigotry from

The irony of all this is that Tablighi Jamaat promotes segregation and believes that women should stay at home

Even as 700 doctors resign, TMC leader Abu Taher Khan Chaudhury accused of threatening doctors with rape and murder

There are videos circulating on social media which purportedly show the Trinamool MP from Murshidabad, Abu Taher Khan threatening the doctors at the institution. The politician, however, has denied all allegations.

Pakistani Twitter erupts in self-deprecating humour as their cricket team stares at imminent defeat

India registered its 7th consecutive win against Pakistan in Cricket World Cup tournaments.
Order to demolish and remove cross

Village officer issues order to demolish and remove crosses planted by Church on encroached land near Sabarimala

Crosses have been planted on the sacred lands of Panchalimedu, believed to be a place inhabited by Pandavas during the 12 years of exile.
Women cop killed

Ajaz, a civil police officer, hacked to death his colleague Soumya Pushpakaran with a sword, set her on fire

The accused suffered burns while trying to set her ablaze and has been admitted to a hospital

A dystopian future where Hindu nationalists take over: Social media reacts to Netflix’s latest Hinduphobic show ‘Leila’

After Ghoul and Sacred Games, Leila is the third show on Netflix that demonizes Hindus.

Demographic impact of Christian Missionaries: India needs the equivalent of Russia’s Yarovaya law

Christian Missionaries are still aggressively targeting the economically deprived section of India’s population and rapidly converting them into Christianity with a mission to increase the number of “believers”.

Bengal doctors crisis: A state which has pulled out of Ayushman Bharat, the poor are the worst affected of Mamata’s apathy

Further escalation of the crisis will be detrimental to the interests of the patient community at large.

Mamata didi, we upheld our Hippocratic oath during trying times, you failed the allegiance you swore to the Constitution

The Bengal Health Crisis has escalated to immense proportions. With Doctors across the state submitting their resignations, Mamata Banerjee has a severe crisis on her hands.
Subscribe to Day's Top Stories
- Advertisment -

Latest articles

Connect with us

170,322FansLike
149,249FollowersFollow
69,741SubscribersSubscribe
Help Us Reach Every Indian, Please Share This Post