The Supreme Court delivered a split verdict on the contentious issue of control of services but agreed on several other issues.
The Supreme Court on Thursday 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.
A two-judge bench comprising Justices AK Sikri and Ashok Bhushan, however, agreed on their views 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.
Highlights of SC verdict on Delhi vs Centre
The apex court also upheld the Centre's notification that its employees cannot be probed in corruption cases by ACB of Delhi government.
The top court also said that instead of the LG, the Delhi government will have the right to appoint public prosecutors or law officers.
A bench had on November 1 last year reserved its verdict on the petitions challenging the notifications issued by the Centre and the Delhi government.
Understanding Supreme Court verdict on Delhi Govt vs Centre fight: Who controls what
Chief Minister Arvind Kejriwal had been at loggerheads with incumbent Lieutenant Governor (LG) Anil Baijal and his predecessor Najeeb Jung over the power structure in the capital city. Kejriwal had accused both of them of preventing the functioning of his government at the behest of the BJP-led central government.
In a verdict in July last year, the Supreme Court held that Delhi cannot be accorded the status of a state but clipped the powers of the LG. However, the issue of control over "services" remained an issue of contention between the LG and the Delhi government.
Summary of SC verdict-
Electricity Reforms Act, power to appoint Special Public Prosecutor - Delhi Government
Commission of Enquiry Act, Anti-Corruption - Central Government
Revision of land revenue or circle rates - Delhi Government can decide but needs the concurrence of LG who cannot sit on the files but can refer to the President.
Services - Matter referred to a larger bench
AAP says SC judgment offers no clarity
The ruling Aam Aadmi Party (AAP) 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.
BJP welcomes SC judgment
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.
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