Delhi govt. moves SC to define its powers

The Delhi government has moved the Supreme Court seeking a judicial declaration on the boundaries of the constitutional relationship between it and the Centre in administering the National Capital.

In a suit filed in the apex court, the Arvind Kejriwal government said the Centre was encroaching into the Delhi government’s administrative domain and the Supreme Court should now clearly define the powers of the Lieutenant-Governor, who represents the Centre, so that no one steps on the other’s toes.

It has also highlighted issues like the Delhi Police being run by the Centre, unlike in other States.

Disputes have arisen over the last year on the question whether the Delhi government can act in relation to the other matters in List II (State List) without prior approval of the administrator, “that is the Lieutenant-Governor”, the Delhi government pointed out.

It argued that the Delhi government cannot even increase the salaries of its DANICS officers. The L-G, Najeeb Jung, had previously declared such a hike “null and void”.

Delhi’s Anti-Corruption Branch has been restrained from registering FIRs against the employees of the Central government for corruption. Commissions of Enquiry set up under the Commissions of Enquiry Act, 1952, have also not been allowed to function on the ground that they have not been notified by the L-G, it said.

The government said the time has come for the apex court to finally resolve the questions on the distribution of legislative and (co-extensive) executive powers between the Centre and Delhi.

It was only recently that the Supreme Court had allowed the Kejriwal government to withdraw a similar petition on the ground that the High Court was already seized of an identical issue.

However, this time, the Delhi government has argued that it is the apex court which has the exclusive jurisdiction to decide disputes relating to the constitutional relationship between the NCT of Delhi and the Union of India.

No other court has the jurisdiction to entertain such a dispute since it is between the Union and a State, and impacts the federal structure of the Constitution, the Delhi government contended.

Source: The Hindu