Setback for Arvind Kejriwal: Supreme Court divides powers between Delhi govt and L-G, refers matter of 'services' to larger bench

The Supreme Court on Thursday has given its verdict on the power tussle between Aam Aadmi Party government in Delhi and the Centre.

The two-judge Constitution bench of the Supreme Court, comprising Justice AK Sikri and Justice Ashok Bhushan, agreed on most issues except the matter of issue over control of services which has been referred to a larger bench. 

The partial verdict could be a setback for the Delhi government as it was seeking more control over operations in the national capital.

The apex court has decided that the Centre has the power to set up an inquiry commission. This means that the Delhi government will not be able to probe central government officials. 

The SC has ruled that the Centre will have authority over the Anti-Corruption Branch (ACB). 

The Centre will have authority over the Delhi Police.

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On the electricity reforms Act, the Supreme Court said Delhi government can control directors of the DERC.

The power of appointment of special public prosecutor is vested with Delhi government

The top court said that the executive power of the Delhi government extends to all issues except land, police and public order. 

While reading out his verdict, Justice AK Sikri said transfers of Joint Secretary and officers above his post are in the domain of the L-G while other officers fall under the Delhi government's authority. However, in case of difference of opinion, the view of L-G will prevail. 

The Supreme Court's two-judge bench have split verdict on the jurisdiction of Centre or Delhi government over appointment and transfer of bureaucrats in Delhi. The matter will be referred to a larger bench.

Commenting on the verdict, lawyer Ashwini Upadhyay said, "Electricity department, revenue department, posting and transfer of Grade 3 and Grade 4 officer will come under Delhi government. In case of difference of opinion, LG's view will prevail."

He further said that the top court took a decision on six issues. "SC ruled in favour of the centre in 4 of them. Anti-Corruption Bureau, posting and transfer of Grade 1 and Grade 2 officers, Commission of Inquiry, falls under Centre's jurisdiction," he added.

BJP's spokesperson Nalin Kohli said, "The Supreme Court has made it amply clear that the question of services is with L-G - the authority over the Joint Secretary, Commison of Inquiry, ACB... No notification without clearance from L-G can be given out..."

Delhi chief minister Arvind Kejriwal will hold a press conference at 1 pm later on Thursday.