The Supreme Court will decide on Wednesday who is the "boss" of Delhi. The court's decision will arrive at 10.30 in the morning. In the case of Delhi Government vs. Deputy Governor, 11 petitions were filed in the Supreme Court. On December 6, 2017, the Constitution Bench of five judges had reserved the verdict.
The Constitution Bench of five judges includes Chief Justice Deepak Mishra, Justice AK Sikri, Justice AM Khanvilkar, Justice DC Chandrachud and Justice Ashok Bhushan.
The Kejriwal government of Delhi has challenged the order of the Delhi High Court's August 4, 2016 order of the Delhi High Court, in which the deputy governor was termed as the administrative head and said that he was not obliged to consult and help the Cabinet.
The Delhi government says that if any policy of the Delhi Government is unconstitutional, then there should be no problem but the matter should be referred to the President.IPS, IAS or Deputy Secretaries etc. are under the Center but in which department of Delhi Government they work In this, the opinion of the government should be considered. According to the circular of 1994, the LG, the CM, and the Cabinet together post the transfer of the officers of the joint cadre, then the government has no problem.
The government has said that LG also takes the file of appointments, even subordinate to the Delhi government. Like Delhi Government has created the Delhi Fire Service Act 2009, who will appoint him? In the Delhi Fire Service, more than 3000 posts are vacant; 10332 posts are vacant in the education department. All cases are pending with LG.
Senior advocate Gopal Subramanian, on behalf of the Delhi Government during the hearing said that there is a provision to refer the matter to the President after having a dispute on any issue, it is written in the exception. But here in every case, there is a difference and the exception has overruled the main provision. This is against the spirit of the constitution. LG cannot hold any file forever. They should settle the files in a reasonable time. Files of several welfare schemes have been sent to one after LG, but they have not been clearing the files for more than a year. The officers have to run away to get the work done. Whenever an executive order is sent to the Chief Secretary, it is not followed because it is said that LG's approval has not been received.
The Center has said that any services in Delhi are under the center. The center has the right to transfer, posting and it is completely under the center. The Deputy Governor is not obliged to celebrate the advice of the Council of Ministers. The Council of Ministers will inform the Deputy Governor before taking any legislative decision and after the clearance, the decision will be taken. After the decision will tell them again. The elected government will consult with the Deputy Governor on all issues. It is not undemocratic that the Central Government runs its administration in Delhi.
Justice D.V. Chandrachud said that if what the Center is saying is right, then why did the Constitution makers give a constitutional status to the UT status of Delhi? LG can not stay on file for a long time. There should be a time frame for this.
1- According to Article 239A, Delhi is a Union Territory.
2- Even after Article 239 AA of the Constitution, the status of Delhi's Union Territory
3- The Deputy Governor of Delhi is not bound to accept the advice and decisions of the Delhi Cabinet.
4- If any decision is taken by the Delhi Government then it is necessary to get the consent of the Deputy Governor.
5- The right of appointment and transfer of officers to the Central Government and outside the jurisdiction of Delhi Government.
6- Correcting the information of the center on May 21, 2015.
7- Correcting the notification of the central government in July 2014 and July 21, 2015, for the ACB. In which ACB was told not to take action against central employees. And the ACB was not told under Delhi Government.
8- The investigation commission created by the Delhi government's financial scam in the CNG fitness scam and DDCA is illegal, as the consent of the Deputy Governor has not been taken.
9- The appointment of nominee directors in three power companies by the Delhi government illegal
10- The directions given by the Delhi government to the DERC on June 12, 2015, were illegal and unconstitutional, which stated that compensation will be given to consumers if electricity cuts are made.
11- The decision to increase the circle rate of agricultural land of 4th of August 2015 of Delhi Government illegal.
12- Although the CRPC has the right to appoint a special public prosecutor in LG, this power should be used in consultation with the community.
The Constitution Bench of five judges includes Chief Justice Deepak Mishra, Justice AK Sikri, Justice AM Khanvilkar, Justice DC Chandrachud and Justice Ashok Bhushan.
The Kejriwal government of Delhi has challenged the order of the Delhi High Court's August 4, 2016 order of the Delhi High Court, in which the deputy governor was termed as the administrative head and said that he was not obliged to consult and help the Cabinet.
Special status to Delhi from Article 239AA of the Constitution
The Supreme Court will explain the special status given to Delhi under Article 239AA of the Constitution. According to the Article 239AA of the Constitution, Delhi will be a Union Territory. Which will be its assembly and chief minister. The Administrator of Delhi will be the Deputy Governor who will work from the President. The Deputy Governor will make decisions with the help and advice of the Chief Minister and the Cabinet. (But it is not written anywhere that they will be bound to follow their advice). If there is disagreement on any issue between the Deputy Governor and the Cabinet, the Deputy Governor will send the matter to the President and his decision will be binding. Delhi assembly will have no right to land, law and order and police.Delhi government's plea
Other lawyers, including P Chidambaram present at the hearing, said that the LG is making fun of the constitution and democracy. LG is working in an unconstitutional way in Delhi. They are not the Viceroys of the British era. According to the law, LG has no power. All the rights are either with the cabinet or the President has the authority. If the President agrees with anyone, then it will be the President's opinion and not the LG's. It is unfortunate that they are making decisions without sending the files to the President. They say that they will take the same decisions. No matter what the case means is not every case. If there is a fundamental difference on any issue then the matter should be referred to the President immediately.The Delhi government says that if any policy of the Delhi Government is unconstitutional, then there should be no problem but the matter should be referred to the President.IPS, IAS or Deputy Secretaries etc. are under the Center but in which department of Delhi Government they work In this, the opinion of the government should be considered. According to the circular of 1994, the LG, the CM, and the Cabinet together post the transfer of the officers of the joint cadre, then the government has no problem.
The government has said that LG also takes the file of appointments, even subordinate to the Delhi government. Like Delhi Government has created the Delhi Fire Service Act 2009, who will appoint him? In the Delhi Fire Service, more than 3000 posts are vacant; 10332 posts are vacant in the education department. All cases are pending with LG.
Senior advocate Gopal Subramanian, on behalf of the Delhi Government during the hearing said that there is a provision to refer the matter to the President after having a dispute on any issue, it is written in the exception. But here in every case, there is a difference and the exception has overruled the main provision. This is against the spirit of the constitution. LG cannot hold any file forever. They should settle the files in a reasonable time. Files of several welfare schemes have been sent to one after LG, but they have not been clearing the files for more than a year. The officers have to run away to get the work done. Whenever an executive order is sent to the Chief Secretary, it is not followed because it is said that LG's approval has not been received.
Center's plea
Presented by the Central Government, ASG Maninder Singh said that all administrative powers in Delhi are to LG. If these powers were given to the Delhi government then chaos would be spread. The central government said that Delhi is the capital of the country and it is the people of the whole country. At the center there is a government of India, so the center holds complete control over Delhi. Delhi government in Delhi, it can not be said and its decision can only be taken by the central government. For example, if the Delhi government recruits only people of Bihar in any post tomorrow, how will it be? This will create chaos. The central government said that instead of the parade on January 26, the Delhi government started talking about changing, what would be the situation?The Center has said that any services in Delhi are under the center. The center has the right to transfer, posting and it is completely under the center. The Deputy Governor is not obliged to celebrate the advice of the Council of Ministers. The Council of Ministers will inform the Deputy Governor before taking any legislative decision and after the clearance, the decision will be taken. After the decision will tell them again. The elected government will consult with the Deputy Governor on all issues. It is not undemocratic that the Central Government runs its administration in Delhi.
Supreme Court remarks
The Supreme Court has said that there should be intimate relations between LG and the elected government. If there is a difference in opinion, then LG should show statesmanship. Especially when there are different party governments in the Central and Delhi governments. CJI Deepak Mishra said that there should be amicability in the administration between the Deputy Chief Minister and the Chief Minister of the Chief Minister of the administration. Attitudes should be on this issue. Differences in mutual opinion should not be on minor matters. The court can not decide the area of difference.Justice D.V. Chandrachud said that if what the Center is saying is right, then why did the Constitution makers give a constitutional status to the UT status of Delhi? LG can not stay on file for a long time. There should be a time frame for this.
What was the Delhi High Court's August 4, 2016 verdict
The High Court's 194-page verdict on the dispute between the Delhi government and the governor was decided.1- According to Article 239A, Delhi is a Union Territory.
2- Even after Article 239 AA of the Constitution, the status of Delhi's Union Territory
3- The Deputy Governor of Delhi is not bound to accept the advice and decisions of the Delhi Cabinet.
4- If any decision is taken by the Delhi Government then it is necessary to get the consent of the Deputy Governor.
5- The right of appointment and transfer of officers to the Central Government and outside the jurisdiction of Delhi Government.
6- Correcting the information of the center on May 21, 2015.
7- Correcting the notification of the central government in July 2014 and July 21, 2015, for the ACB. In which ACB was told not to take action against central employees. And the ACB was not told under Delhi Government.
8- The investigation commission created by the Delhi government's financial scam in the CNG fitness scam and DDCA is illegal, as the consent of the Deputy Governor has not been taken.
9- The appointment of nominee directors in three power companies by the Delhi government illegal
10- The directions given by the Delhi government to the DERC on June 12, 2015, were illegal and unconstitutional, which stated that compensation will be given to consumers if electricity cuts are made.
11- The decision to increase the circle rate of agricultural land of 4th of August 2015 of Delhi Government illegal.
12- Although the CRPC has the right to appoint a special public prosecutor in LG, this power should be used in consultation with the community.
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