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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-NCR sees second spell of rain and thunderstorms in four days

Delhi-NCR experienced another spell of rain and thunderstorms on March 18, with IMD forecasting more showers over the next few days.

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Delhi and parts of the National Capital Region witnessed another spell of rain, thunderstorms, and strong winds on Wednesday evening, marking the second such weather event in the past four days.

The sudden change brought relief from unusually high temperatures recorded earlier this month. According to officials, the temperature at Safdarjung — the city’s base weather station — was recorded at 24 degrees Celsius at 7 pm.

The India Meteorological Department had earlier issued an alert predicting light to moderate rainfall accompanied by thunderstorms and lightning on March 18. Several areas across the capital experienced gusty winds along with brief but intense showers.

More rain likely over next two days

The weather department has forecast partly cloudy skies for March 19 and 20, with chances of light rain or thundershowers occurring once or twice during the day. On March 21, skies are expected to remain cloudy with the possibility of light showers continuing.

Conditions are likely to stabilise from March 23 onwards, with forecasts indicating a return to partly cloudy to clear skies across the region.

Weather activity across India to intensify

The IMD has also indicated widespread weather activity across multiple regions of the country in the coming days. Rainfall is expected to intensify in several states, accompanied by thunderstorms, lightning, and gusty winds.

In the northeastern region, heavy rainfall is likely over Arunachal Pradesh, Assam, and Meghalaya during the early part of the week.

Meanwhile, the western Himalayan region is also set to witness a shift in weather patterns. Himachal Pradesh is likely to receive heavy rainfall on March 19 and 20, while Uttarakhand and Jammu and Kashmir may experience heavy showers around March 20.

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Centre pushes states to cut levies to boost PNG adoption

The Centre has asked states to reduce local levies and streamline approvals to accelerate PNG adoption and city gas infrastructure growth.

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LPG Cylinder

The Ministry of Petroleum and Natural Gas has urged states and Union Territories to ease local levies and procedural barriers affecting City Gas Distribution (CGD) projects, in a bid to accelerate the adoption of piped natural gas (PNG) as a cleaner fuel alternative.

In a communication sent to Chief Secretaries, Petroleum and Natural Gas Secretary Neeraj Mittal highlighted that high right-of-way charges, road cutting fees, lease rentals and other local levies imposed by urban bodies are discouraging investments in CGD infrastructure.

High costs slowing expansion

The ministry pointed out that the CGD sector, particularly PNG supply to households and commercial establishments, does not receive direct subsidies. As a result, it depends heavily on viable returns, which are being impacted by excessive and inconsistent local charges across states.

It noted that these financial and procedural hurdles are slowing down infrastructure expansion and affecting the broader adoption of natural gas.

Gap between connections and usage

According to the government, while around 12.63 crore PNG connections have been recorded, only about 1.6 crore are currently active. The ministry stressed that improving ease of doing business at state and local levels could help bridge this gap and expand the consumer base.

Officials believe that rationalising levies may initially reduce local revenues but could lead to higher long-term gains through increased gas consumption and economic activity.

LPG shortage adds urgency

The push for PNG adoption comes amid supply constraints in liquefied petroleum gas (LPG), linked to ongoing tensions in the Middle East. Oil marketing companies are currently supplying only 20 per cent of normal commercial LPG demand to states.

To address this, the ministry has proposed increasing LPG allocation to 30 per cent for states that implement reforms supporting PNG and CGD expansion.

Reform-linked incentives for states

The Centre has suggested a set of measures that states can adopt to qualify for higher LPG allocations. These include:

  • Setting up empowered state and district-level committees for faster approvals
  • Introducing single-window clearance with deemed approvals within 24 hours
  • Implementing a dig-and-restore model using bank guarantees instead of restoration charges
  • Eliminating annual rental or lease charges for CGD infrastructure

The ministry said compliance with these reforms would be verified before granting additional LPG allocations.

Industry support measures

The communication also noted that GAIL and its subsidiaries have already allocated full gas supply to the commercial PNG segment to support businesses affected by reduced LPG availability.

The government reiterated that expanding natural gas usage aligns with its broader push for cleaner and domestically sourced energy.

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BJP seals Assam seat-sharing pact, Modi to hold 3 rallies in April

BJP has finalised its Assam seat-sharing plan with allies and is gearing up for an intense campaign led by PM Modi and Amit Shah.

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pm modi

The Bharatiya Janata Party has finalised its seat-sharing arrangement for the upcoming Assam Assembly elections, firming up its strategy alongside National Democratic Alliance partners as campaigning gathers pace in the state.

Under the agreement, the BJP will contest 89 seats, while its allies — Asom Gana Parishad and Bodoland People’s Front — will field candidates in 26 and 11 constituencies respectively. The distribution has been decided after internal deliberations, with the focus now shifting to candidate announcements and campaign execution.

Campaign push led by top leadership

Prime Minister Narendra Modi is expected to address three rallies in Assam during the final leg of the campaign. Tentative dates for the rallies are April 1, April 3 and April 6, with events likely to be held in key constituencies.

Union Home Minister Amit Shah is also set to spearhead an extensive campaign across the state through March, aiming to energise party workers and strengthen voter outreach.

Candidate selection underway

The party’s Central Election Committee is currently meeting to finalise candidates. Sources indicate that approvals for most constituencies are expected soon, and the BJP may release its complete list of candidates within the next two days.

Ticket distribution remains a crucial exercise, with internal discussions highlighting its potential impact on local political dynamics. Party leaders have also touched upon the proposed delimitation exercise scheduled for 2027, which is expected to have long-term implications for Assam’s electoral landscape.

Polling and counting dates

Voting for all 126 Assembly seats in Assam is scheduled for April 9, while the votes will be counted on May 4.

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