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Delhi Govt vs Centre: Supreme Court split verdict weighed in favour of Centre

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Ruling on the issue of division of powers between the Delhi Government and the Centre, the Supreme Court’s two-judge bench today (Thursday, Feb 14) delivered a split verdict on control over junior posts and subordinate services but favoured Centre over the key issues of control over higher posts and the anti-corruption branch (ACB).

The SC Bench of Justices AK Sikri and Ashok Bhushan ruled in favour of Centre on the issue of  the Anti-Corruption Bureau issue and the power to institute commission of enquiry. The judges concurred that Centre had absolute power as regards control over the Anti-Corruption Branch.

The ACB, which is the state government’s vigilance department, has officers from the Delhi police which is under the Union Home Ministry. The ACB has the power to register FIRs and make arrests in alleged corruption cases.

The court also said the right to post and transfer Grade 1 and Grade 2 officers and the power to institute a commission of inquiry lay with the Centre.

Justice Sikri held that transfers and posting of bureaucrats on the level of Joint Secretary and above are in the domain of the LG while the junior babus can be transferred by the Delhi government. He added that in case of a difference of opinion on the transfers between the two power centers, the view of the LG will prevail.

Justice Bhushan, in his separate judgment, disagreed with Justice Sikri’s view and held that the bureaucracy in its entirety should be under the control of the LG.

As they could not agree on this point, the judges said a three-judge bench would decide on the issue of services. The matter will now have to be resolved by a three-judge bench of the top court to be constituted by Chief Justice Ranjan Gogoi.

Electricity and revenue departments (fixing of circle rates), appointing special public prosecutor and appointment of directors in discoms will come under Delhi government, the court said.

On electricity act and Delhi electricity reforms act, the judges said that after going through the provision this power lies with the Delhi government and centre has no authority.

Delivering it verdict on the rates for agricultural land, the judges said the LG can form an opinion but not on each and every matter. “LG is not expected to differ routinely but in cogent cases. There may be contingencies where LG and ministers may differ, LG is supposed to refer the difference to President, decision cannot be implemented without referring to LG,” the court said.

Elaborating on the role of LG, the judges said that he is expected to honour the wisdom of the ministers and not sit over their decisions. “That is a facet of good governance. By and large it demands a mutual respect between the two organs. They are here to serve the Delhi citizens.”

Justices Sikri and Bhushan had ended hearings arguments on the nine petitions around the power tussle between the centre and the Arvind Kejriwal government nearly three months back. Last month when AAP government’s senior lawyer Indira Jaising pleaded for an early verdict, the judges reassured her that the verdict would be out “very soon”.

WHAT THE CONSTITUTION BENCH HAD RULED

AAP’s Delhi government and the BJP-led national coalition have been involved in a bitter tussle over sharing of power soon after Arvind Kejriwal returned as chief minister in 2015 with an overwhelming majority of 67 out of 70 seats in Delhi assembly, reducing the BJP to only three. Arvind Kejriwal alleges that the BJP-led government at the Centre has since been exacting revenge, withdrawing its powers and blocking decision taken by the AAP government.

On July 4, the Supreme Court’s constitution bench headed by then Chief Justice Dipak Misra had pronounced its long reserved verdict in the “power tussle” case, stating unambiguously that Delhi’s Lieutenant Governor (Anil Baijal) cannot be an “obstructionist” and must act on “the aid and advice” of the council of ministers of the National Capital Territory of Delhi. The verdict had spelt out the role of the LG as being one of an “administrator” sans any decision making powers and expressly barred him from “mechanically” referring every decision taken by the Delhi government to the President.

But then, as is the case with all judicial pronouncements, the devil lay in the details of the judgment and its interpretation. Kejriwal and his deputy chief minister, Manish Sisodia, only had to wait for a few hours to find this out.

Predictably ecstatic over the verdict and possibly – albeit wrongly – interpreting it as an endorsement by the top court of his government’s supremacy in taking Executive decisions, Sisodia issued an order withdrawing all powers of transfer and posting of IAS officers and other employees from the LG, the chief secretary and heads of departments. This was the first file moved by Sisodia, who is also Delhi’s minister for Services (the bureaucratic cadre), after the judgment. Sisodia thought that the SC verdict gave him these powers.

Unfortunately for him, the Delhi bureaucracy, which at the time had been on a non-cooperation protest against Kejriwal’s council of ministers in response to the alleged assault of chief secretary Anshu Prakash by AAP legislators, refused to comply with Sisodia’s order, reportedly dubbing it as “legally incorrect”.

The July verdict drew the red lines for the Lieutenant Governor. But it was left for the two-judge bench to deal with appeals as to who controls services – the power to appoint, post and transfer officials – in Delhi administration, the anti-corruption bureau and has the power to appoint a commission of inquiry.

Power to effect transfers and postings of Delhi’s bureaucratic cadre, currently with the LG owing to a notification passed by the centre in 2015, has been a bone of contention with Kejriwal for the past three years. It is primarily on this point that the Supreme Court has to clarify now.

The jolt had forced Kejriwal and AAP members to return to the text and interpretation of the SC verdict.

With general elections due within a year, Kejriwal wants to ensure AAP’s victory in Delhi’s seven Lok Sabha seats. Crucial to this design is Kejriwal’s plan of offering doorstep delivery of rations and other services, installation of CCTVs across the national capital and implementing several other poll promises he made to the Delhi electorate three years ago.

Arun Jaitley, a Union minister without portfolio but one who remains crucial to Prime Minister Narendra Modi’s political spin doctoring, had spelt out how the BJP viewed the July 2018 verdict – which in the saffron party’s scheme means this is not Jaitley’s interpretation of the order but is the absolute truth.

Jaitley had said: “In the larger interest of democracy and federal politics, the LG should accept the exercise of power by the State. But, if it has good and cogent reasons supported by material to disagree, he can record the same in writing and refer the same to the President (i.e. the Central Government), which will resolve the difference of opinion between the State Government and the Lieutenant Governor. The decision of the Central Government will be binding both on the Lieutenant Governor and the elected State Government. Thus hereto the opinion of the Centre is overriding.”

Further, he added: “There are several issues which had directly not been commented upon but by implication there is some indication of those issues… There are two obvious indications. Firstly, if Delhi has no police powers, it cannot set up investigative agency to investigate crimes as had been done in the past. Secondly, the SC has held categorically that Delhi cannot compare itself at par with other States and, therefore, any presumption that the administration of the UT cadre of services has been decided in favour of the Delhi Government would be wholly erroneous.”

REACTIONS TO THE SC VERDICT

In one of the first reactions, senior AAP leader and Rajya Sabha MP Sanjay Singh tweeted that justice delayed is justice denied. He asked if the court has lost its dignity.

The Delhi unit of the BJP on Thursday welcomed the Supreme Court judgement and said it removes ambiguities in the powers of the Delhi government.

There should no scope for “confusion or conflict” and the AAP government should humbly accept the Supreme Court judgement, Leader of Opposition in the Delhi Assembly Vijender Gupta said.

“We welcome the Supreme Court decision removing ambiguities in the powers of the Delhi govt. After this verdict there shouldn’t be any scope for confusion or conflict. The Delhi govt should humbly accept it & govern the capital as it was being done before they had come to power,” he said on Twitter.

The court may have removed “ambiguities” in division of powers between the Centre and Delhi Government, but it does not seem to have removed complications in governance such an arrangement would lead to, especially if rival parties are in government in National Capital Territory of Delhi and the Centre.

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Delhi air quality plunges to severe as thick smog blankets the capital

Delhi’s air quality deteriorated sharply with AQI entering the ‘severe’ zone across several areas, prompting enforcement of GRAP stage-IV measures.

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Delhi's air quality

Delhi woke up to hazardous air conditions on Tuesday as dense smog covered large parts of the national capital, pushing the Air Quality Index (AQI) into the ‘severe’ category across several locations. Poor visibility and rising health concerns marked yet another spell of extreme pollution in the city.

Data from the Central Pollution Control Board (CPCB) showed the overall AQI in Delhi touching 413 in the morning, placing it firmly in the ‘severe’ bracket. Several areas across the National Capital Region (NCR) reported alarming pollution levels, indicating a widespread deterioration in air quality.

Pollution hotspots report hazardous readings

Some of Delhi’s major pollution hotspots recorded extremely high AQI levels. Anand Vihar topped the list with an AQI of 466, followed by Ashok Vihar at 444 and Chandni Chowk at 425. These areas remained in the ‘severe’ category, posing serious health risks, especially for children, the elderly and those with respiratory conditions.

Even central parts of the city were not spared. India Gate, Kartavya Path and the Rashtrapati Bhavan area were shrouded in toxic smog, with AQI levels around 384, categorised as ‘very poor’.

GRAP stage-IV measures enforced across Delhi-NCR

In response to the worsening situation, the Commission for Air Quality Management (CAQM) enforced all actions under GRAP Stage-IV across Delhi-NCR. As part of these emergency measures, truck-mounted water sprinklers were deployed to suppress dust and reduce particulate matter in the air.

As per AQI standards, readings between 401 and 500 fall under the ‘severe’ category, while levels above 300 are considered ‘very poor’, highlighting the seriousness of the current conditions.

Delhi government reviews pollution control steps

The Delhi government has reiterated its commitment to tackling rising pollution levels with strict enforcement measures. Chief Minister Rekha Gupta stated that a zero-tolerance policy will be followed against all sources contributing to air pollution in the capital.

A high-level review meeting was held at the Delhi Secretariat to assess existing measures and take further decisions. The meeting focused on enforcing Pollution Under Control (PUC) norms without any relaxation, exploring pooled and shared electric bus services across Delhi-NCR, issuing fresh guidelines for e-rickshaws, and rationalising Delhi Transport Corporation (DTC) bus routes.

Senior officials from the Environment and Transport Departments, the Delhi Pollution Control Committee (DPCC), Public Works Department (PWD) and Delhi Traffic Police, along with Environment Minister Manjinder Singh Sirsa, attended the meeting to finalise immediate and long-term steps to address the pollution crisis.

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Rahul Gandhi alleges institutional bias, questions electoral system during Berlin address

Rahul Gandhi alleged that India’s institutions and electoral system have been weaponised to favour the BJP, remarks that sparked a strong political response.

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Rahul-Gandhi

Leader of the Opposition in the Lok Sabha, Rahul Gandhi, has said that India’s institutional framework is facing a serious challenge and has been used to favour the ruling BJP. Speaking during an interaction at the Hertie School in Berlin, Gandhi questioned the functioning of key institutions and the electoral machinery, remarks that triggered a sharp political response from the BJP.

Gandhi said the Congress believes there is a problem with the electoral system and alleged that several institutions have been captured. Referring to investigative agencies, he claimed that bodies such as the CBI and the ED have been used as political tools. According to him, cases filed by these agencies overwhelmingly target those opposing the BJP, while leaders from the ruling party face none.

He also pointed to what he described as a stark financial imbalance between the BJP and the opposition, claiming a funding ratio of 30:1. Gandhi said this disparity reflects how institutions are being used to consolidate political power.

Opposition strategy and INDIA alliance

The Congress leader said merely pointing out problems in elections is not enough and stressed the need for the opposition to build a system of resistance that can effectively counter the ruling party. He added that the challenge now goes beyond electoral contests and is about presenting an alternative vision for the country.

On the INDIA alliance, Gandhi said the unity among opposition parties is rooted in their rejection of the ideological position of the RSS. While acknowledging that tactical contests between alliance partners will continue, he said they remain united when it comes to opposing laws they disagree with and working together in Parliament.

BJP hits back at remarks abroad

Gandhi’s comments delivered overseas drew a strong reaction from the BJP. Party president and Union minister JP Nadda accused him of speaking against India while Parliament is in session and claimed that he was undermining the country’s image at a time when the Prime Minister is receiving global recognition.

BJP spokesperson Shehzad Poonawalla also criticised Gandhi, alleging that he routinely travels abroad to defame India. He accused the Congress leader of making misleading claims about the country’s institutions and economic activity while praising China.

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DU VC Prof Yogesh Singh entrusted with additional charge of AICTE Chairman

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Prof. Yogesh Singh, Vice Chancellor of the University of Delhi, has been entrusted with the additional charge of the post of Chairman, AICTE till the appointment of a Chairman of AICTE or until further orders, whichever is earlier.

It is noteworthy that AICTE Chairman Prof. TG Sitharam was relieved of his duties after his term ended on December 20, 2025. According to a letter issued by the Ministry of Education, Government of India, on Monday, Prof. Yogesh Singh’s appointment is until the appointment of a regular AICTE Chairman or until further orders whichever is earlier.

Prof. Yogesh Singh is a renowned academician with excellent administrative capabilities, who has been the Vice-Chancellor of University of Delhi since October 2021. He has also served as the Chairperson of the National Council for Teacher Education. In August 2023, he was also given the additional charge of Director of the School of Planning and Architecture (SPA).

Prof. Yogesh Singh served as the Vice-Chancellor of Delhi Technological University from 2015 to 2021; Director of Netaji Subhas Institute of Technology, Delhi from 2014 to 2017, and before that, he was the Vice-Chancellor of Maharaja Sayajirao University, Baroda (Gujarat) from 2011 to 2014. He holds a Ph.D. in Computer Engineering from the National Institute of Technology, Kurukshetra. He has a distinguished track record in quality teaching, innovation, and research in the field of software engineering.

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