AAP Govt-Centre Tussle in Supreme Court LIVE: Delhi chief minister Arvind Kejriwal today dubbed the Supreme Court verdict as “unfortunate” and said that it was an injustice to the residents. “We respect the apex court but this is injustice to the people. What kind of democracy is this? How can Delhi progress if the government is forced to sleep at L-G’s office and protest to get developmental work done,” he said.
A two-judge bench of the Supreme Court while hearing the Delhi government versus Centre case was split on services but agreed on Centre having control over the Anti-Corruption Bureau in Delhi, in a major setback for Arvind Kejriwal’s Aam Aadmi Party. The services issue has been sent to a larger bench.
A Constitution bench on July 4, 2018, had asked both authorities to practice “collaborative federalism”. The court had restricted the jurisdiction of the L-G to matters of land, police and public order. On other issues, the L-G had to act on the aid and advice of the Council of Ministers of the elected government of Delhi.
In July 2018, a five-judge Constitution bench of the court had laid down broad parameters on the basis of which the capital would be governed.
The court had said that Delhi can’t be accorded the status of a state, but added that the L-G doesn’t have any “independent decision making power” and must act on the aid and advice of the elected government. What the court didn’t do is get into the individual challenges, pertaining to the distribution of powers in separate areas and left that to future adjudication.
Soon after, the L-G issued a statement, underlining that the L-G would continue to ‘control’ services — effectively the power to transfer and control the postings of different bureaucrats — and cited a May 21, 2015 notification as evidence. Since then, AAP has cried foul, maintaining that the government has “effectively been paralysed”, while lambasting the BJP government at the Centre for “openly flouting the Supreme Court order”.
The LG argued that the AAP government had “erroneously” interpreted the Supreme Court order and that the division of power would come only after the appeals pending before the court’s Regular Bench are disposed off.
The Constitution bench led by then Chief Justice Dipak Misra had urged the lieutenant governor and the Arvind Kejriwal government to show “mature statesmanship” in their mutual relationship while coining the “collaborative federalism” to define the inter-dependence between the two.
“Governments in their respective pursuits of development. The Union government and the State governments should endeavour to address the common problems with the intention to arrive at a solution by showing statesmanship, combined action and sincere cooperation. In collaborative federalism, the Union and the State governments should express their readiness to achieve the common objective and work together for achieving it,” the Constitution Bench had observed.
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