The Supreme Court has reached a split decision concerning the dispute over the division of powers between the Delhi and Central governments. This disagreement affects the control of services, including the transfer of officials. The matter has now been forwarded to a larger bench for further assessment.
Background of the Issue
In June 2018, a five-judge Constitution Bench ruled that the resolutions of the Delhi government will not need the agreement of the Lieutenant-Governor, except in matters relating to Land, Home, and Public Order. However, this judgment did not address issues related to services, among other things. A series of petitions have recently been filed challenging various notifications concerning service control and the power of the Anti-Corruption Bureau (ACB). It was these remaining issues upon which the Supreme Court delivered its most recent verdict.
Supreme Court Judgement: Control of Services in National Capital
There was disagreement among the judges regarding service control in the nation’s capital. Justice Sikri proposed that to facilitate straightforward governance in Delhi, the transferral and appointment of secretaries and department heads can be managed by the Lieutenant Governor (LG). In contrast, Justice Bhushan argued that the Delhi government has no legal authority over services. Owing to their differing opinions on this matter, it was decided that the issue should be referred to a larger bench.
Exclusion of the Jurisdiction of the Anti-Corruption Branch
The Supreme Court affirmed that the ACB is under the exclusive authority of the Lieutenant Governor, with the Delhi government having no power in this area. Furthermore, it stated that the ACB is not authorized to investigate offences committed by Central Government employees under the Prevention of Corruption Act. This creates a conflict of jurisdiction as such investigations are typically handled by the CBI.
| Authority | Control Level |
|---|---|
| Lieutenant Governor | Full control over ACB |
| Delhi Government | No power over ACB |
| ACB | Can’t investigate Central Government offenses |
Power to Set Up Commission Of Inquiry
The Supreme Court also held that the Delhi state government is not authorized to establish an inquiry commission to investigate corruption cases.
The Power to Appoint the Special Public Prosecutor
The Supreme Court ruled that when appointing the Special Public Prosecutor, the Lieutenant Governor is to act on the counsel and advice of the Council of Ministers.
Article 239 AA and 239AB
The 69th Amendment Act of 1992 introduced Articles 239AA and 239AB which gave special status to the Union Territory of Delhi. The former article stated that the Union Territory of Delhi will be known as the National Capital Territory of Delhi and will be governed by a Lt. Governor. The latter provides that the President may suspend any provision of Article 239AA in certain situations, resembling Art.356 (President’s Rule).
