Kejriwal Sarkaar Vs “Delhi ki Sarkaar” once again before SC
Kejriwal Sarkaar Vs “Delhi ki Sarkaar” once again before SC
Congressman Abhiksh Manu Singhvi will represent AAP govt on March 3
New Delhi, Feb. 15 (Delhi Crown): Congress MP and senior advocate Abhiksh Manu Singhvi will represent the Kejriwal government against the “Delhi Sarkaar”, or Lieutenant Governor Anil Baijal, at the Supreme Court on March 3 when the Apex Court will hear a legal dispute regarding the “control” over administrative services in the national capital.
Moving a petition on behalf of Kejriwal government, Singhvi on Tuesday mentioned the matter for urgent listing before the Chief Justice of India N.V. Ramana.
CJI Ramana agreed to list the matter for hearing on March 3.
In February 2019, a two-judge SC bench had delivered a split verdict on the question of powers of the GNCTD and the Union Government over services and referred the matter to a 3-judge bench. In October last year also, the matter was mentioned for urgent hearing, upon which the CJI agreed to list the same after Dussehra Vacations.
The split verdict was delivered by a bench of Justices A.K. Sikri and Ashok Bhushan (both retired now) on the issue of who has powers to “appoint and transfer” officers of State Public Services under Entry 41, List II of the Constitution of India.
Justice Sikri had observed that transfers and posting of officers of and above the rank of Joint Secretary are under the powers of Delhi L-G, while other officers were under the control of Delhi Govt.
On this aspect, Justice Bhushan dissented to hold that “services” were totally outside the purview of the Delhi Government.
In July 2018, a 5-judge SC bench had laid down broad parameters for governance of the national capital, which had witnessed a power struggle between the Centre and the Delhi government since the Aam Aadmi Party (AAP) 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 LG saying he “has no independent decision-making power” and has to act on the “aid and advice” of the elected government in Delhi.
Last year, the Delhi Government had filed a writ petition before the Supreme Court challenging the recently passed GNCTD (Amendment) Act 2021, which gives enhanced powers to the Lieutenant-General over the elected government, terming L-G as the “Sarkaar”.
