BackAAP govt’s powers curbed under Delhi HC ruling on L-G’s powers
Here's the effect of Thursday's ruling on seven related cases
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New Delhi: The Delhi high court on Thursday settled the question of who wields real power over the national capital territory (NCT) of Delhi, backing the Lieutenant-Governor, the Central government’s nominee in the city state, over the elected government.
The judgment, which holds supreme L-G’s administrative capacity in matters concerning public order and land, curtails the Delhi government’s power over these issues.
A total of nine petitions were filed in the court in the last one year in which arguments were made. Out of the nine, while one was the main notification, another was an application.
Thursday’s ruling has struck down all notifications passed by the Delhi government without consulting the L-G. Here’s a brief of the effect of Thursday’s order on the seven cases:
1. The notification passed by Union home ministry directing the Anti Corruption Bureau (ACB) under the Delhi government not to act against officials of the Central government was held to be in accordance with the constitutional scheme.
2. Delhi government’s constitution of an inquiry to probe an alleged scam involving the issuance of compressed natural gas (CNG) fitness certificates to vehicles was held as invalid as it was taken without the L-G’s consent.
Also Read: L-G is the head of administrative power in Delhi, rules HC
3. Revision of circle rates of agricultural land by the Delhi government through a notification issued on 4 August 2015 without prior approval from L-G was dismissed.
4. Delhi government’s nomination of new directors to the boards of the capital’s three power distribution companies where it has a 49% stake without seeking L-G’s approval was quashed.
5. The probe initiated by the Delhi government into alleged malpractices and irregularities in the functioning of the Delhi and District Cricket Association (DDCA) was held illegal.
6. The court held that the power to appoint a special public prosecutor by the L-G had to be exercised on the aid and advice of council of ministers.
7. Issuance of policy directions by the Delhi government to the Delhi Electricity Regulatory Commission regarding supply disruptions and compensation was held illegal/unconstitutional due to non-communication with the L-G in the matter.
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