Table of Contents
BASICS
The 69th constitutional amendment
The 69th Constitutional Amendment Act passed in 1991 which inserted A 239AA provides for a special status to Delhi among UTs where it was a provided with a legislative assembly to make laws on state subjects in schedule VII. However this amendment did not provide full state status to Delhi and three important subjects were kept with the centre for administration and legislation. They were – Police, public order, and land.
ISSUES
- 2015: AAP Government vs LG Najeeb Jung. Conflict over bureaucratic appointments, including who should be promoted as the chief Secretary of Delhi.
- AAP government blaming the LG of not clearing the schemes/initiatives/files related to health, education, PDS, transport, etc. and routinely referring every matter to President.
- AAP Government tried keep the parliamentary Secretaries outside the ambit of the Office of Profit, by passing a bill. LG referred the matter to President, President refused to assent. Consequently, EC disqualified 21 AAP MLAs.
WHAT WAS THE RECENT ISSUE OF FEBRUARY 2019?
The two major issues that the Delhi government went to the Supreme Court on were
(i) the power to appoint and transfer the officers of State Public Services, and
(ii) (ii) the power over the Anti-Corruption Bureau (ACB). The appeals also concerned the right to implement the Electricity Reforms Act in Delhi.
SUPREME COURT’S RULING
The two-judge bench consisting of Justice Ashok Bhushan and Justice AK Sikri had a split verdict on the jurisdiction of Centre or Delhi government over appointment and transfer of bureaucrats in Delhi, but ruled unanimously that the Anti-corruption bureau will come under the Centre.
A larger bench will now take a call on who will have the final say on the transfer and appointment of bureaucrats in Delhi.
MAIN POINTS
Justice AK Sikri held that the transfer of Joint Secretary-rank and higher officials will remain the domain of the Lieutenant Governor, while other officers fall under the Delhi government. However, in case of a difference of opinion, the view of the L-G will prevail.
Justice Bhushan has a different view. Both judges were in agreement that the Anti-Corruption Bureau (ACB) will come under the L-G—a decision that will not go down well with AAP government.
ELECTRICITY ACT
The Delhi Government has powers to appoint special public prosecutors, and directors under the Electricity Act, the court said. It is also entitled to charge revenue on agricultural land, the court ruled, but the L-G can refer it to the President.
Justice Sikri held that Government of National Capital Territory of Delhi (GNCTD) can appoint public prosecutors.
Delhi Chief Minister Arvind Kejriwal said the Supreme Court order on power sharing in the city goes against democracy and said his government will seek legal remedies.
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