11:15 A.M (IST), Thursday. The 2-judge bench of the Supreme Court delivered a ‘split’ verdict over appointment and transfer of bureaucrats in the Capital.
The Supreme Court referred the issue of ‘jurisdiction’ over services in Delhi to a larger bench.
The Supreme Court of India, in its verdict said, “Mutual respect for each other is essential part of good governance and they must realise that they are supposed to work for benefits of common citizens.”
The Court said, Centre to hold ‘jurisdiction’ of the Anti-corruption bureau of Delhi. However the elected government of Delhi has the authority of appointing special public prosecutor.
Setting Inquiry Commission goes to Centre with AAP being given the authority of regulation on electricity and deciding rate of agri land.
Services are yet to be decided, as of now.
The National Capital has previously witnessed a power tussle between the centre and the AAP ruled state government.
Situations came to the notice of the Country and its citizen, when Delhi CM Arvind Kejriwal, along with his cabinet, sat on a protest at the Office of the Lieutenant Governor, last year.
Kejriwal alleged the bureaucracy of not co-operating with him and his cabinet in the ‘governance’ and regulation of ‘power’ in the National Capital.
The Supreme Court of India, in a three-judge bench led by Justice Dipak Misra, previously, laid down ‘parameters’ for the LG and the state government and said,
“Real power must lie with the elected government in a democracy. The state should enjoy freedom, unsolicited interference.”
Some ‘notable’ and ‘inarguable’ statements made by The Supreme of India, previously, were,
-LG has no independent decision making power and cannot act as an obstructionist when the Constitution gives primacy to the elected form of government.
-Both the CM and LG are constitutional functionaries and must work harmoniously with mutual respect and none should feel superior to other.
-Delhi enjoys an unique position in the constitution, neither LG nor CM heading the council of ministers should consider themselves bigger than the other.
-Executive power of Delhi government must be given some degree of independence , within the areas where constitution allows it to legislate and administer.
-Except for three issues , including land, law and order, over which centre has exclusive power, Delhi government must be allowed to legislate and govern on other issues and LG cannot stall decisions mechanically.
The Delhi government sought more ‘clarity’ from the Apex Court in regard to its previous judgement.
The Delhi Government is amongst the major petitioners in the case.
It had previously accused the centre of turning down the mandate of the people and issuing ‘circulars’ allowing the LG to take decisions.