AAP vs Delhi LG: SC verdict on control of services expected today

Baijal with Kejriwal Lieutenant-Governor Anil Baijal greeting Delhi Chief Minister Arvind Kejriwal | PTI

The Supreme Court is likely to pronounce its verdict on Thursday on a batch of petitions challenging various notifications including on control of services and power of Anti-Corruption Bureau (ACB) in the ongoing tussle between the Delhi government and the Centre.

A bench of Justices A.K. Sikri and Ashok Bhushan had on November 1 last year reserved its verdict on the petitions challenging the notifications issued by the Narendra Modi government and the AAP government in Delhi.

During the hearings, the Centre had told the Supreme Court that the lieutenant governor (LG) had the power to regulate services in Delhi. The powers are delegated to the administrator of Delhi and the services can be administered through him, it had said.

The Centre also said that unless the president of India expressly directs, the lieutenant governor, who is the administrator of Delhi, cannot consult the chief minister or the council of ministers.

On October 4 last year, the Delhi government had told the Supreme Court that it wanted its petitions relating to governance of the national capital be heard soon as it did not want "stalemate to continue in administration".

The Delhi government had told the Supreme Court that it wanted to know where it stood with regard to the administration in view of the Constitution bench verdict of the Supreme Court on July 4.

The five-judge bench had on July 4 last year laid down broad parameters for governance of the national capital, which has witnessed a power struggle between the Narendra Modi government and the Delhi government since the Aam Aadmi Party came to power in 2015.

In the landmark verdict, it had unanimously held that Delhi cannot be accorded the status of a state, but clipped the powers of the Lieutenant Governor (LG), saying he had no "independent decision-making power" and had to act on the aid and advice of the elected government.

On September 19 last year, the Centre had told the Supreme Court that administration of Delhi cannot be left to the Delhi government alone and emphasised that it has an "extraordinary" position by virtue of being the country's capital. The Centre had told the Supreme Court that a five-judge constitution bench of the apex court had categorically held that Delhi cannot be accorded the status of a state.

The Centre had contended that one of the basic issues was whether the Government of National Capital Territory of Delhi (GNCTD) has the legislative and executive powers so far as 'services' were concerned.

"Delhi has an extraordinary position as it is the capital of the country," it had said. It said that the national capital housed several institutions of vital importance like Parliament and the Supreme Court and foreign diplomats also resided here.

Chief Minister Arvind Kejriwal had been at loggerheads with incumbent Lieutenant Governor 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.

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