The Supreme Court on Thursday delivered its verdict on the issue of authoritative control between Centre and Delhi government over departments of the national capital.
The Supreme Court on Thursday delivered its verdict on the issue of authoritative control between Centre and Delhi government over departments of the national capital.
Out of six matters which were to be decided by the Supreme Court, the two-judge bench comprising Justices AK Sikri and Ashok Bhushan agreed on five matters but had difference of opinion on the contentious issue of control of services.
Highlights of Supreme Court verdict on Centre vs Delhi govt
The bench agreed on disputes pertaining to the anti-corruption branch, setting up of commission of inquiry, control over electricity boards, land revenue matters and appointment of public prosecutors.
Here is a summary of the Supreme Court verdict: (With inputs from Abraham Thomas)
1. Delhi Government
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The Supreme Court said that the Delhi government will have complete control over the Electricity Reforms Act and will also have the right to appoint public prosecutors or law officers.
2. Centre
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The bench unanimously agreed that only Centre can constitute a Commission of Enquiry and Delhi government will have no power under the Commission of Enquiry Act. The apex court also upheld the Centre's notification that its employees cannot be probed in corruption cases by ACB of Delhi government.
3. Delhi govt needs concurrence of LG
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In terms of revision of land revenue or circle rates, the Delhi government can decide but needs the concurrence of LG who cannot sit on the files but can refer to the President, the apex court held.
4. Matter referred to larger bench
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The Supreme Court delivered a split verdict on the contentious issue of control of services in the National Capital Territory in the tussle between the Delhi government and the Centre and referred the matter to a larger bench.
The Chief of Justice of India (CJI) will form a larger bench to hear the matter in detail.
5. Services: What the larger bench has to decide
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A larger Supreme Court will decide on the following issues:
* Who is the cadre controlling authority - On this point, both judges AK Sikri and Ashok Bhushan are unanimous that the centre is the cadre controlling authority.
* Who determines transfer and posting of officers posted with Delhi govt - This is where one Justice Bhushaoutrightly favoured the Centre while Justice Sikri was in favour of Jt secy and above posts to be with the Centre while a mechanism to be worked for Delhi to have some control over Grade 3 and 4 staff in the state services.
* Whether Delhi can have its own state service commission - Delhi currently does not have a state service commission. Justice Sikri wanted such a commission for Delhi to have administrative control over lower level officers below jt secy level. But Justice Bhushan disagreed as he is of the firm view that Delhi has no power over services.
6. AAP says SC judgment offers no clarity
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The ruling Aam Aadmi Party said it was unfortunate that there was no clarity in the Supreme Court judgement that delivered a split verdict on who controls services in the National Capital Territory.
People of Delhi will continue to suffer, AAP spokesperson Saurabh Bharadwaj told reporters after the Supreme Court referred the issue of clarity on division of powers between the Delhi government and the Centre to a larger bench.
7. BJP welcomes SC judgment
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The Delhi unit of the BJP welcomed the Supreme Court judgement and said it removes ambiguities in the powers of the Delhi government.
There should no scope for "confusion or conflict" and the AAP government should humbly accept the Supreme Court judgement, Leader of Opposition in the Delhi Assembly Vijender Gupta said.
"We welcome the Supreme Court decision removing ambiguities in the powers of the Delhi govt. After this verdict there shouldn't be any scope for confusion or conflict. The Delhi govt should humbly accept it & govern the capital as it was being done before they had come to power," he said on Twitter.
