Anti-Corruption Bureau (ACB)
The two-judge bench of AK Sikri and Ashok Bhushan unanimously agreed that the control of the Anti-Corruption Bureau (ACB) will come under the Lieutenant-Governor, upholding the Centre’s notification.
* Control over appointments and transfers of bureaucrats
Electricity department, Revenue department, posting & transfer of Grade 3 & Grade 4 officer will come under Delhi government. In case of difference of opinion, L-G’s view will prevail. Justice Sikri held that GNCTD can appoint public prosecutors.
* Ordering Inquiry Commission
Supreme Court unanimously held that the Centre has the power to set up Inquiry Commission.
* Control over ‘Services’
Justice Ashok Bhushan dissents from Justice Sikri on the issue of ‘Services’ and said that all the officers fall under the domain of the Central government. The Supreme Court referred the issue to a larger bench to decide whether the Delhi government or L-G should have jurisdiction over ‘Services’ in Delhi.
* Rate of agricultural land
The bench announced that the power to decide the rate of agricultural land in the capital will come under Delhi government.
* Maintain peace: SC
The SC bench further said,”Upholding the welfare of people as a top priority, the SC also asked both the parties to maintain peace and work together in mutual respect”.
The SC’s verdict came on a batch of petitions which challenged various notifications including control of services and power of anti-corruption bureau (ACB) in the ongoing tussle between the Delhi government and the Centre.
Following a court battle, on July 4, a five-judge constitution bench of the Supreme Court in a landmark judgement had laid down broad parameters for governance of the national capital. The bench had unanimously held that Delhi cannot be accorded the status of a state but clipped the powers of the lieutenant governor (LG), saying he has no “independent decision making power” and has to act on the aid and advice of the elected government.
However, on September 19 last year, the Centre had told the apex court that administration of Delhi cannot be left to the Delhi government alone and emphasised that it has an “extraordinary” position by virtue of being the country’s capital.
On October 4, last year, the Delhi government had told the apex court that it wanted its petitions relating to governance of the national capital be heard soon as it did not want “stalemate to continue in administration”. Following which on November 1 last year, the court had reserved its verdict.