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Disputes between LG, Delhi govt should end once and for all: Supreme Court
The Supreme Court made the observation on Thursday as it closed a petition related to the Farishtey scheme
The disputes between the Delhi lieutenant governor (LG) and the Delhi government should end, once and for all, the Supreme Court said on Thursday as it closed a petition filed by the Delhi government seeking operationalising of the Farishtey scheme, which provides cashless treatment to road accident victims.
A bench headed by justice Bhushan R Gavai allowed the petition to be withdrawn as senior advocate Shadan Farasat informed the court that payments were released under the scheme after a notice was issued on the petition by the court in December 2023.
While allowing the request, the bench, also comprising justice KV Viswanathan said, “Once and for all, the disputes between the LG and you (Delhi government) should end!”
Farasat pointed out that the tussle between the LG and the Aam Aadmi Party (AAP) government is essentially for control over “services”. A Constitution bench of the Supreme Court on May 11, 2023, ruled in favour of the Delhi government having control over transfers and posting of officers in the Capital. But, within a week of the judgment, the Centre issued an ordinance later followed by a law that restored power to itself.
The new law, which made significant amendments to the Government of National Capital Territory of Delhi (GNCTD) Act, 1991 was later challenged by the AAP government in the top court, and is still pending consideration before a Constitution bench.
“Once the challenge to the Constitution bench decision is decided, the issue will be cleared,” Farasat pointed out. However, as regards the Farishtey scheme, he added that reimbursements to the tune of ₹29 crore were received since the filing of the petition in 2023.
This is not the first time the court has commented on the strained relationship between the Delhi government and LG.
LG VK Saxena and the AAP-led Delhi government have been at loggerheads over a series of issues and projects in the past two years. The friction points have included the alleged demolition of “religious structures”, cutting of trees near Chhattarpur, appointment of bus marshals and civic defence volunteers, the Capital’s law and order situation, spate of deaths during monsoon, cleaning of Yamuna and more recently two programmes – Sanjeevani scheme and Mahila Samman scheme – announced as poll promises by the AAP. Saxena has also approved several investigations against the AAP-led Delhi government such as in the excise policy case, alleged expenditure in redevelopment of former CM house at 6, Flagstaff road and irregularities in development of new hospitals among others.
The petition in the Farishtey scheme matter said that the health department falls under the Delhi government’s control, but since the enactment of the GNCTD (Amendment) Act, 2023, the appointment and transfer of officials within the department falls under the jurisdiction of the LG.
The court while issuing notice in December 2023, observed: “We don’t understand why one wing of the government is fighting with another wing.”
Under the Farishtey scheme, envisaged in February 2018, the victim of a road accident can go to any hospital and get free treatment. The scheme casts an obligation on the state government to reimburse private hospitals for the cost of treatment, so that urgent medical care can be given within the first hour of an accident, known as the “golden hour”.
