Another showdown between Delhi govt and Lt Governor in Supreme Court today

The Aam Aadmi Party government has accused the Lt Governor of stonewalling its orders on transfers and posting despite a court order.
Supreme Court had said that the Lieutenant Governor does not have independent decision-making powers, and is bound to act on the aid and advice of the council of ministers.(PTI File Photo)
Supreme Court had said that the Lieutenant Governor does not have independent decision-making powers, and is bound to act on the aid and advice of the council of ministers.(PTI File Photo)
Updated on Jul 26, 2018 08:26 AM IST
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Hindustan Times, New Delhi | By

The tussle between the Delhi government and Lt Governor Anil Baijal will play out in the Supreme Court on Thursday once again when the apex court will take up government’s complaint that it was paralysed because it could not transfer or post bureaucrats.

Last week, a bench of justice AK Sikri and justice Navin Sinha posted the matter for July 26 for hearing after the Lt Governor sought time.

“Functioning of the government is completely paralysed. We cannot post officers, we cannot transfer officers despite the recent constitution bench verdict which has explained every aspect. These issues needs to be adjudicated at the earliest,” senior advocate P Chidambaram, appearing for the Delhi government had said.

The Aam Admi Party government has accused the Lt Governor of stonewalling its orders on transfers and posting despite a court order.

The AAP government has sought an early disposal of all appeals filed by the Delhi government on the scope of its powers in view of the recent verdict by a Constitution bench.

A three-judge Constitution Bench of Chief Justice Dipak Misra and justice A.M. Khanwilkar and justice D.Y. Chandrachud on July 4 ruled that the Lt Governor was bound to act on the aid and advice of the Council of Ministers.

The bench has also ruled that the Lt Governor exercised no independent powers as the representative of the central government except in law and order, police and land. The Delhi government has the powers to legislate and govern on other issues.

The apex court had said that issues regarding various notifications issued by the Delhi government in exercise of its administrative and legislative powers would be dealt separately by an appropriate smaller bench.

After the Supreme Court ruling, the Arvind Kejriwal government had sent Baijal files recommending transfer and posting of officials. But the Lt Governor stonewalled it, saying the issue involving “Services” was yet to be decided.

Baijal said the Union Home Ministry had advised him to keep exercising powers over “Services” because the May 21, 2015 notification remained valid until a regular bench of the apex court decided on it.

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