Sunday, May 16, 2021
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.

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.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staff
Staff reporter at OpIndia

Related Articles

Trending now

Rakesh Tikait threatens to defeat BJP in Uttar Pradesh where assembly elections are slated for next year

The 'apolitical' farmer movement has been nothing but political from the beginning.

Far-left and Congress trolls display ignorance while targeting PM Modi, misinterpret data to claim Rupee weakening against Bangladeshi Taka

As the value of 1 Rupee is equal to 1.16 Bangladeshi Taka, trolls assumed Rupee is weak against Taka and targeted PM Modi

Farmers pelt stones, turn violent towards police to disrupt Haryana CM Manohar Lal Khattar’s event, DSP severely injured

The farmers who were protesting near the Ramayan Toll traveled 18 kilometers to ransack the event.

Assam: Six arrested for disrespecting national flag, accused caught using tricolour as table cloth for Eid feast

An image of Rejina Parvin Sultana, a resident of Assam's Tengnamari village, feasting lunch with her family on the occasion of Eid had gone viral on the internet.

No oxygen and ICU beds, hospitals discharging serious patients to avoid recording death: Covid-19 situation turns grim in Tamil Nadu

Journalist Sandhya Ravishankar alleged that Tamil Nadu govt is under-reporting the actual number of new Covid-19 cases and deaths.

Israel denies using international media to lure Hamas into a deadly trap, journalists working in the region do not believe it

International media had published the Israel military statement that ground forces were already in Gaza, which was retracted later

Recently Popular

Legendary Australian cricketer slams world media for ‘vulture’ journalism, says Incredible India deserves respect: Here is what he said

In a recent post, the former cricketer has expressed his overwhelming support for India and slammed international media for vulture journalism

How NDTV played with words to give impression that Kerala woman died due to Israel, deleted and reposted, but still did not mention Palestine

NDTV subtly peddled an agenda trying to paint Israel as the aggressors and Palestine as the victim after a Indian woman died in terror attacks

The Hindu quietly changes headline after columnist calls Tejasvi Surya a virus: Here are her previous problematic comments

The Hindu published an opinion-editorial by columnist Vaishna Roy on Friday where it called BJP MP Tejasvi Surya a virus.

Former pornstar Mia Khalifa falls for ‘toolkit’ again? Posts unedited tweet against Israel, later defends herself with bizarre explanation

Former porn-star Mia Khalifa accidentally revealed being part of an anti-Israel Twitter storm after she tweeted an unedited post

Charlie Hebdo cartoon mocking Hindu deities for Covid-19 crisis turns out to be fake? Here’s what we know

Some social media users pointed out the hypocrisy of these 'left-liberals', who were just a few months back attacking the same French magazine for publishing cartoons that were allegedly hurtful for Muslims.

Jerusalem conflict: The history of Al-Aqsa Mosque on Temple Mount and the holiest Jewish temple that preceded it

The Al-Aqsa Mosque and the Dome of the Rock was built on the same spot where the Second Temple of the Judaism was located
- Advertisement -


Connect with us