The Supreme Court on Thursday issued notice to the Centre on a plea filed by Arvind Kejriwal led Delhi government challenging the Government of National Capital Territory of Delhi (Amendment) Act, 2021, which enhances the powers of Delhi Lieutenant Governor over the elected government.
A bench of Chief Justice of India NV Ramana, Justices AS Bopanna and Hima Kohli asked the Centre to file an affidavit on the plea and posted the matter for hearing after four weeks.
The GNCTD (Amendment) Act was passed by the Lok Sabha and Rajya Sabha on March 22 and March 24, respectively and it has changed four provisions of the National Capital Territory of Delhi Act, 1991.
The amended Act states that the expression 'Delhi Government' referred to in any law to be made by the Union Territory's Legislative Assembly shall mean the Lieutenant Governor.
The Aam Aadmi Party government in its plea before the top court said that the extra power given to the Lieutenant Governor has made governance difficult.
Today, the apex court also said that the three-judge bench will hear another plea of the Delhi government on the contentious issue of who should control administrative services in Delhi.
On February 14, 2019, a two-judge bench of the top court had delivered a split verdict on the question of powers of the GNCTD and Union government over services and referred the matter to a three-judge Bench.
While Justice Ashok Bhushan had ruled the Delhi government has no power at all over administrative services. Justice AK Sikri, however, had said the transfer or posting of officers in top echelons of the bureaucracy (joint director and above) can only be done by the Central government and the view of the lieutenant governor would prevail in case of a difference of opinion for matters relating to other bureaucrats.
The two-judge bench which was hearing pleas on six matters pertaining to a long-running conflict between the Centre and the Delhi government had given a unanimous order on the remaining five issues except for the control over services.
Governance of the national capital has witnessed a power struggle between the Centre and the Delhi government since the Aam Aadmi Party (AAP) came to power in 2014.
The Delhi government has been at loggerheads with the present LG and his predecessor.
Prior to February 2019 judgement, a five-judge Constitution bench of the Supreme Court had on July 4, 2018, laid down the broad parameters for governance of the national capital. In the landmark verdict, it had unanimously held that Delhi cannot be accorded the status of a state but clipped the powers of the LG saying he has no "independent decision-making power" and has to "act on the aid and advice" of the council of ministers.
The Constitution bench had said that both have to work harmoniously with each other and noted that there is "no room for anarchy or absolutism in a democracy".
It had restricted the jurisdiction of the LG to matters pertaining to land, police and public order and on all other matters.
( With inputs from ANI )
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