The Supreme Court will pronounce its verdict on Wednesday on the ongoing tussle between the Centre and the democratically elected Arvind Kejriwal government over who wields the power to administer and govern the national capital.
A five-judge Constitution Bench headed by Chief Justice Dipak Misra will deliver its verdict on the Delhi government’s appeal challenging the August 2016 High Court judgment holding the Lieutenant-Governor as the administrative head of the Capital.
High Court verdict
The High Court had ruled that all decisions taken by the Delhi government Ministers must be communicated to the L-G, dealing a blow to the Aam Aadmi Party which has been engaged in a perpetual power struggle with the Central government-appointed official.
At the core of the dispute is Delhi’s unique position as a Union Territory functioning as the national capital. The AAP government has repeatedly highlighted that its government has no say over important departments like law and order and agencies such as the Delhi Development Authority.
Repeated run-ins
After its landslide victory in the Assembly elections in February 2015, the AAP government has clashed with the L-G over appointments, file clearances and control of the police department, which reports to the Centre.
Last month, Chief Minister Arvind Kejriwal and his Cabinet colleagues held an unprecedented nine-day sit-in at the official residence of Lieutenant-Governor Anil Baijal.
Mr. Kejriwal accused the Delhi bureaucrats of skipping meetings called by him and his Ministers.
He further claimed that the officials were “on a strike for four months” and that it was being “orchestrated by the PMO and coordinated by the L-G”.
Last year, the Supreme Court’s Constitution Bench heard both sides of the argument for over a month and later reserved its verdict on December 6.
The Supreme Court is likely to provide clarity on whether the L-G can unilaterally administer the Capital without being bound by the “aid and advice” of the elected government.
The Delhi government had argued that the legislative powers of the L-G, as a delegate of the President, is limited compared with those possessed by the Delhi Assembly.
The Union government, however, argued that the Delhi government was at best meant to take care of the “daily utilities” of the Capital and the “real power to administrate the national capital” was vested with the President and the Union of India.
