SC verdict on division of powers between Delhi govt and Centre:
- On the most contentious issue of who should control administrative services in Delhi, the two-judge bench gave a split verdict.
- Justice Bhushan ruled the Delhi government has no power at all over administrative services.
- However, Justice Sikri, ruled that the transfer or posting of top officers (joint director and above) can only be done by the central government. The view of L-G would prevail in case of difference of opinion for matters relating other bureaucrats.
- In view of the differences of opinion between the judges, the bench said the matter needs to be referred to a larger bench.
- The bench gave a unanimous order on the remaining five issues pertaining to a conflict between the Centre and the AAP government in Delhi.
- Both judges agreed that the Lieutenant Governor (L-G) will have control over the Anti-Corruption Bureau, as already notified by the Centre.
- The power to appoint inquiry commissions would also rest with the central government.
- The elected Delhi government will have the right to appoint public prosecutors, to decide land revenue matters and also to appoint or deal with electricity commission or board.
Reaction to the verdict:
- Delhi unit of BJP welcomed the Supreme Court judgement on control of services in Delhi government and said it removes ambiguities.
- Chief Minister Arvind Kejriwal said it is unfortunate that there was no clarity in the judgement and will seek legal remedies over the verdict. He alleged that the Union Government is creating hurdles in the functioning of the AAP dispensation.
