Delhi-Centre Power Tussle: SC gives ACB power to LG, split verdict on control of services referred to larger bench | Highlights

The Supreme Court on Thursday delivered a split verdict on the contentious issue of control of services in the National Capital Territory in the tussle between the Delhi government and the Centre and referred the matter to a larger bench. The two-judge bench, however, agreed on disputes pertaining to the anti-corruption branch, setting up of commission of inquiry, control over electricitiy boards, land revenue matters and appointment of public prosecutors. 

 

The apex court also upheld the Centre's notification that its employees cannot be probed in corruption cases by ACB of Delhi government. The top court also said that instead of the LG, Delhi government will have the right to appoint public prosecutors or law officers.

 

# The Supreme Court upheld Centre's notification that its employees cannot be probed in corruption cases by ACB of Delhi govt.

 

# Justice AK Sikri held that transfers of posting of Joint Secretary and above officers are in the domain of LG while other officers fall under Delhi govt, however, in case of difference of opinion, view of LG to prevail. Anti Corruption Bureau to come under LG, the top court ruled. 

 

# The apex court said instead of LG, Delhi govt will have the right to appoint public prosecutors or law officers. 

 

# The Supreme Court also said that Delhi govt has power to appoint or deal with electricity commission or board. 

 

# On the other hand, the top court said that Centre will have power to appoint inquiry commission. 

 

# The two judge bench, however, differed on question as to who controls services in National Capital Territory.

 

# The top court then referred its split verdict on control of services in national capital to larger bench. 

 

# All in all, the two-judge bench agreed on issues of anti-corruption branch, revenue, appointment of inquiry commission and public prosecutor. 

 

Reacting to the verdict, Delhi's ruling Aam Aadmi Party said it was unfortunate that there was no clarity in the judgement. People of Delhi will continue to suffer, AAP spokesperson Saurabh Bharadwaj told reporters after the Supreme Court referred the issue of clarity on division of powers between the Delhi government and the Centre to a larger bench. Bharatiya Janata Party (BJP)'s Delhi Unit, however, welcomed the verdict on division of powers between Delhi government and Centre, and said that AAP should humbly accept the top court order.