SC to give verdict on L-G-Delhi govt power tussle today

A Constitution Bench on July 4, 2018 had asked both authorities to practise ‘collaborative federalism’

The Supreme Court will pronounce on Thursday its judgment on a bunch of petitions regarding the power tussle between the Lieutenant-Governor, representing the Centre, and the Delhi government.

A Bench of Justices A.K. Sikri and Ashok Bhushan would deliver a verdict on which of the two power centres in the national capital holds jurisdiction over services — posting and transfer of bureaucrats, powers of the Anti-Corruption Bureau and to appoint inquiry commissions, etc.

A Constitution Bench on July 4, 2018, had asked both authorities to practise “collaborative federalism”.

The court had restricted the jurisdiction of the L-G to matters of land, police and public order. On other issues, the L-G had to act on the aid and advice of the Council of Ministers of the elected government of Delhi.

The Union of India decides allocation of cadre for bureaucrats but State government decides their postings, the Delhi government had argued.

The Delhi government had contended that giving overriding powers to the Centre would lead to the collapse of the idea of “collaborative or pragmmatic federalism” urged by the Constitution Bench in their judgment of July 4 on the tug-of-war between the Lieutenant-Governor and the Delhi government.

The Constitution Bench led by then Chief Justice of India Dipak Misra had urged the Lieutenant-Governor and the Arvind Kejriwal government to show mature statesmanship in their mutual relationship while coining the “collaborative federalism” to define the inter-dependence between the two.

“Governments in their respective pursuits of development. The Union government and the State governments should endeavour to address the common problems with the intention to arrive at a solution by showing statesmanship, combined action and sincere cooperation. In collaborative federalism, the Union and the State governments should express their readiness to achieve the common objective and work together for achieving it,” the Constitution Bench had observed.

The court had advised “continuous and seamless interaction between the Union and the State governments”. The court had said that collaborative federalism has applicability to the Delhi owing to its “special status” under the Constitution.