Photo: Mint
Photo: Mint

Centre-state tussle: Delhi government moves Supreme Court against HC decision

AAP government files appeal against the high court decision declaring the lieutenant governor as the administrative head of Delhi

New Delhi: The Delhi government on Wednesday filed its appeal against the Delhi high court decision declaring the lieutenant governor as the administrative head of the state.

The judgement of the high court, delivered earlier this month, came as a huge blow to the Aam Aadmi Party government in the national capital territory—which has been clamouring for full statehood.

The AAP government had said that it would appeal the decision of the high court within a week of the decision. On 29 August, the apex court asked the state government when it would file the appeal.

“You file the special leave petition (against the Delhi high court judgement) and withdraw this (civil suit). Take instruction. List (the civil suit) on Friday," a bench comprising Justices A.K. Sikri and N.V. Ramana said, the Indian Express reported.

Delhi has a unique position under the Indian Constitution, with its own state assembly and an administrator in the form of a lieutenant governor (L-G). Issues of law and order, and land in Delhi fall within the purview of the Union home ministry and the remaining is with the state government.

The high court decision of 4 August upheld the powers of the lieutenant governor in matters of public order, land, police and services—including the power to appoint civil servants.

The high court emphasized the administrative capacity of the L-G while ruling that Delhi continues to be a Union territory under the Transaction of Business Rules despite Article 239 AA of the Constitution making some special provisions with respect to Delhi.