Thursday, September 24, 2020
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.
- Advertisement -

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 Staffhttps://www.opindia.com
Staff reporter at OpIndia

Related Articles

Trending now

Amidst rising coronavirus cases in Maharashtra, doctor alleges Shiv Sena leaders have advised self-medication to suspected COVID patients

An e-poster in the name of Shiv Sena leaders has gone viral on social media platforms, under which they are advising the coronavirus patients to take prescriptions suggested by the Shiv Sena leaders.

5 questions about the new Industrial Relations Code and the Occupational Safety, Health and Working Condition Code answered

In the current parliament session, three bills - Code on Occupational Safety, Health and Working Conditions, Industrial Relations Code and Social Security Code were passed to reform Labour laws.

“Reports say otherwise”: Justice Lalit rejects Sudha Bharadwaj’s bail plea sought on medical grounds

Justice Rastogi rebuked Bharadwaj's lawyer, Vrinda Grover, for calling the medical reports false before the Bombay High Court.

Anti-Hindu Delhi Riots: Salman Khurshid, Prashant Bhushan, Kavita Krishnan named in the disclosure statement of the accused

Former Union Minister Salman Khurshid, CPM leader Brinda Karat, Prashant Bhushan were among those accused of giving provocative speeches during the protests against the CAA.

‘We’ll have to spill the blood of these kaafirs’, eyewitness’ testimony shows Delhi riots were well-orchestrated: Reports

A sensational testimony of an eyewitness to the February 2020 anti-Hindu Delhi riots proves beyond doubts that the violence were well orchestrated and was not a spontaneous action.

ABP journalist manhandles and slaps psephologist Pradeep Bhandari

Pradeep Bhandari was in Mumbai near the Narcotics Control Bureau (NCB) covering the bollywood drug abuse scandal.

Recently Popular

KWAN representative told me that I need to attend Karan Johar Parties to make a comeback to movies: Suchitra Krishnamoorthi

One of the main things is that you need to be seen at Karan Johar's parties, KWAN representative had told Suchitra Krishnamoorthi

‘Are your breasts real? Can I touch?’ Actress Sherlyn Chopra accuses KWAN talent agency co-founder of sexual misconduct

Bollywood actress Sherlyn Chopra on Tuesday took to Twitter to call out sexual misconduct of KWAN talent agency co-founder Anirban Blah.

Nikhil Dwivedi, filmmaker and director of talent agency owned by Salman Khan, claims latter did not buy stakes in KWAN. Read details

Uniworld Big Talent (UBT) owned by Salman Khan, holds major stakes in Big Bang Media Venture, the holding company which owns KWAN.

Casting director of Rhea Chakraborty’s debut film ‘Jalebi’ among 10 Bollywood personalities to have died in the past few months. Read the details here

A post containing the list of recent deaths of Bollywood celebs and the alleged reasons behind their deaths is being widely shared.

Goa Police arrests actress Poonam Pandey’s husband Sam Ahmed Bombay for assaulting and molesting her

Born and brought up in United Arab Emirates, Sam is an ad-filmmaker and a producer. He had done projects with celebrities like Akshay Kumar, Ranbir Kapoor and Deepika Padukone amongst others.

Mumbai Police made actress Payal Ghosh wait till 2 AM, did not file sexual assault complaint against Anurag Kashyap: Reports

The BMC declared her society a containment zone to prevent the actress from filing a complaint.

Pakistan: 171 poor Hindus of Bhil community converted to Islam inside Sindh madarsa

The mass conversion of these poor Hindu men, women and children was held at a madarsa in Sanghar, Sindh, Pakistan

Amidst rising coronavirus cases in Maharashtra, doctor alleges Shiv Sena leaders have advised self-medication to suspected COVID patients

An e-poster in the name of Shiv Sena leaders has gone viral on social media platforms, under which they are advising the coronavirus patients to take prescriptions suggested by the Shiv Sena leaders.

Andhra temples attack row: Jagan’s party benefitting from attacks on Hindu temples, says TDP leader Jayadev Galla

Earlier this month, a 62-years old temple chariot located inside the Sri Lakshmi Narasimha temple in East Godavari district's Antarvedi was gutted in fire.

Australian cricket legend Dean Jones passes away in Mumbai

Dean Jones was part of the Star Sports commentary team and was in a bio-secure bubble in a seven-star hotel in Mumbai.

‘Have seen cricketers, Bollywood superstars and their wives taking cocaine during IPL KKR party’: Actor Sherlyn Chopra

Actor Sherlyn Chopra said that the nexus is extremely vast and NCB is yet to reach the bigger players of the game.

NIA takes over Bengaluru riots probe, names SDPI leader Muzammil Pasha for instigating violence

The NIA statement mentions that SDPI leader Muzammil Pasha had called a meeting and directed PFI/SDPI members to instigate violence in the area.

5 questions about the new Industrial Relations Code and the Occupational Safety, Health and Working Condition Code answered

In the current parliament session, three bills - Code on Occupational Safety, Health and Working Conditions, Industrial Relations Code and Social Security Code were passed to reform Labour laws.

Delhi riots accused and former JNU student Umar Khalid sent to judicial custody till October 22

Umar Khalid is an accused in the anti-Hindu Delhi riots and is alleged to have provided logistical support for the riots.

“Reports say otherwise”: Justice Lalit rejects Sudha Bharadwaj’s bail plea sought on medical grounds

Justice Rastogi rebuked Bharadwaj's lawyer, Vrinda Grover, for calling the medical reports false before the Bombay High Court.

Junglee Rummy scales ahead by understanding skill gamers’ personas

Growth in the country’s gaming industry is being fuelled by enhanced connectivity, changing ways of social interaction, and a growing young population

Connect with us

244,181FansLike
455,172FollowersFollow
16,700SubscribersSubscribe