Centre vs Delhi Govt SC Verdict: Kejriwal expresses Displeasure, calls it ‘against Mandate’; BJP welcomes

Delhi Chief Minister Arvind Kejriwal said that the Supreme Court order on power-sharing in the city goes against democracy and the mandate. CM said his government will seek legal remedies.

In a big setback to the ruling Aam Aadmi Party-led Government in Delhi, The Supreme Court Judge said that it is the L-G and not the Delhi Government that has the power to set-up commission of inquiry in the national Capital. The Court also said that the Anti Corruption Bureau of Delhi will come under the purview of L-G and it will report to the LG office. However, the Court Bench has a difference of Opinion in Services and refers it to larger Bench.

Kejriwal said, ‘If a government can’t even transfer its officers, how is it supposed to function? The party that has 67 seats doesn’t have the rights but the party who won 3 seats has those rights’.

While Bhartiya Janta Party slammed Delhi Chief Minister Arvind Kejriwal over the Issue. Party’s Spokesperson Sambit Patra said, ‘’We can’t believe a democratically elected CM can use this type of language for Supreme Court. He has always been an anarchist; tampering with rules while putting constitution at stake is his method’

BJP Delhi Unit also welcomed the Supreme Court judgment 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 judgment, 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.

Reacting on the Verdict, Former Chief Minister and Delhi Congress Chief Sheila Dixit also blamed AAP Chief. She said, Constitution has defined the power Delhi has, it’s not unlimited. Centre, Lt Governor, and Home Ministry handle a lot of things. So fighting is no solution, make changes if needed. Power doesn’t depend on the number of seats you have’

AAP Senior Leader Sanjay Singh also expressed displeasure over the Verdict. He raised questions over SC Verdict in a tweet.

Earlier in the Top Court Bench comprising Justice AK Sikri and Justice Bhushan unanimously held that the Centre/L-G has the power to set up an inquiry commission, a ruling which will allow the L-G to order an inquiry into corruption cases. The Bench added that the ACB will directly come under LG.

The Top Court Bench said The Electricity Board will come under the Delhi government, which is the appropriate government under the Electricity Act. The Delhi government will also have the power to appoint special public prosecutors, the bench said. The court said the Delhi government’s revenue the department will decide the minimum rates of agricultural land.

The apex court also upheld the Centre’s notification that its employees cannot be probed in corruption cases by ACB of Delhi government.

However, there’s is a difference of Opinion in Sevices,

whether the L-G or Delhi government has control over “services” which includes transfer and posting of bureaucrats in the national capital.

In the split verdict, Justice Bhushan held that the issue of ‘services’ was totally outside the purview of the Delhi government. In view of the difference of opinion, the judges decided that the matter is heard and decided by a larger bench.

Arvind Kejriwal’s government had argued that the elected government should have the power to act against corrupt bureaucrats before the court said the Anti-Corruption Bureau will be under the central government’s control.

The Verdict came on a bunch of appeals filed by the Delhi government arising out of the August 4, 2016 verdict of the Delhi High Court, in which it was held that the L-G was the administrative head of Delhi.

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