English हिन्दी
Connect with us

India News

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

Published

on

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.

India News

Case registered against Mamata Banerjee over controversial 2025 religion remark

A formal police case has been registered against Trinamool Congress supremo Mamata Banerjee in Siliguri, West Bengal. The complaint alleges that her 2025 “Ganda Dharm” remark targeted Hinduism and hurt the religious sentiments of the community.

Published

on

Mamata Banerjee

A formal police complaint has been lodged against Trinamool Congress (TMC) chief Mamata Banerjee in West Bengal’s Siliguri. The legal action stems from an alleged derogatory remark regarding Hinduism made during an Eid congregation in Kolkata in 2025.

The case was registered following a complaint filed by a local lawyer, Rinki Chatterjee, who alleged that the former Chief Minister’s comments deeply hurt the religious sentiments of Hindus globally.

Legal charges and complaint details

The police have invoked multiple sections under the Bharatiya Nyaya Sanhita (BNS) against Banerjee, including Section 351(1) for criminal intimidation, Section 352 for intentional insult with intent to provoke breach of peace, and Section 353 for promoting feelings of enmity, hatred, or ill will between different communities.

According to the complaint, the controversy traces back to an Eid event organized on Kolkata’s iconic Red Road in 2025. While delivering a speech targeting the Bharatiya Janata Party (BJP), Banerjee purportedly referred to the version of Hinduism championed by the political rival as “Ganda Dharm” (filthy religion).

Chatterjee stated in her complaint that labeling Sanatan Dharma in such a manner at a religious gathering was “absolutely unacceptable”. The complainant also pointed to other instances where senior TMC leaders allegedly targeted Hinduism, adding that Banerjee made indirect threats to the Hindu community during the 2026 West Bengal Assembly election campaign to influence voters through intimidation.

Political responses to the FIR

The reported statements had previously drawn sharp criticism from the state BJP leadership last year, including strong objections from current Chief Minister Suvendu Adhikari. However, this FIR represents the first formal legal action taken regarding the speech.

When approached for a response, Atri Sharma, a lawyer and general secretary of the TMC’s Darjeeling unit, declined to comment officially as a party spokesperson. However, he noted that many within the party internal circles found the remarks inappropriate at the time they were spoken. Sharma acknowledged that holding a high public office required restraint and affirmed that every individual holds the moral right to pursue legal remedies.

Continue Reading

India News

Enforcement Directorate raids former Kerala Chief Minister Pinarayi Vijayan’s residence in money laundering probe

The Enforcement Directorate on Wednesday carried out searches at the Thiruvananthapuram residence of former Kerala Chief Minister Pinarayi Vijayan and 11 other locations in connection with a money-laundering probe registered in 2024.

Published

on

The Enforcement Directorate on Wednesday conducted extensive searches at the Thiruvananthapuram residence of former Kerala Chief Minister Pinarayi Vijayan. The action comes as part of an ongoing money-laundering investigation, with the central probe agency executing simultaneous raids at 12 separate locations across the state under the Prevention of Money Laundering Act (PMLA).

Broad Crackdown in Financial Probe

The central agency’s operations focused significantly on Vijayan’s rented residence in the state capital, alongside eleven other locations, including premises in Kochi, Kozhikode, Kannur, and Bengaluru. This major enforcement action was initiated shortly after the Kerala High Court dismissed a petition on Tuesday, which had been filed by Cochin Minerals And Rutile Ltd (CMRL) seeking to quash the ongoing ED proceedings.

The roots of the financial investigation trace back to a PMLA case registered in 2024. The core allegation involves an estimated illegal payment of ₹1.72 crore made between 2017 and 2019 by a private entity, Cochin Minerals And Rutile Ltd (CMRL), to Exalogic Solutions, an IT firm owned by Vijayan’s daughter, T Veena.

According to investigators, the financial transactions took place despite the IT firm allegedly rendering no services to the private company. Apart from the financial probe agency’s scrutiny, the Serious Fraud Investigation Office (SFIO) is also independently conducting an inquiry into the wider financial transactions of the matter.

Political Developments

The searches also covered locations linked to other political and executive figures associated with the matter, including premises connected to senior CMRL executives. While the ruling party has previously described the investigations as politically motivated, the central agency has intensified its probe following the high court’s refusal to grant interim relief to the private firm. The case has sparked intense political debate, with opposition parties using the findings to allege financial irregularities, while local party leaders maintain that the transactions were part of a legitimate business arrangement.

Continue Reading

India News

IPL 2026 Qualifier 1: Rajat Patidar, Virat Kohli shatter playoff records as RCB crush GT to reach final

Defending champions Royal Challengers Bengaluru advanced to their second consecutive IPL final after a historic 92-run demolition of Gujarat Titans in Qualifier 1, powered by Rajat Patidar’s breathtaking 93*

Published

on

Defending champions Royal Challengers Bengaluru (RCB) created history in the Indian Premier League (IPL) 2026 Qualifier 1 against Gujarat Titans (GT), sealing their spot in a second consecutive final with a clinical 92-run victory on Tuesday.

Riding on captain Rajat Patidar’s blistering, unbeaten 93 off just 33 balls, Bengaluru piled up a colossal 254 for 5 in their 20 overs after being asked to bat first at the scenic Dharamsala stadium. The monumental total surpassed the previous playoff benchmark of 233 for 3, set by GT against Mumbai Indians in 2023, making it the highest-ever score in IPL playoff history. In response, a ruthless RCB bowling assault dismantled the Gujarat Titans batting line-up, bowling them out for 162 in 19.3 overs.

Patidar blitzkrieg anchors historic RCB innings

After GT skipper Shubman Gill won the toss and opted to field, RCB’s top order asserted early dominance by racing to 76 for 1 within the powerplay. Venkatesh Iyer provided a quickfire 19 off seven balls, while Devdutt Padikkal struck 30 off 19 deliveries to set a brisk tempo.

The foundation allowed Virat Kohli to maintain the middle-order momentum with a fluent 43 off 25 balls. With this knock, Kohli carved out another historic milestone, becoming the first player in IPL history to accumulate over 600 runs in four consecutive seasons. Jason Holder briefly checked RCB’s charge by removing both Kohli and Padikkal in the 10th over to leave them at 99 for 3.

However, skipper Rajat Patidar took complete control from there on. Surviving two dropped catches early on, Patidar launched a brutal counter-attack, smashing five fours and nine towering sixes at an astonishing strike rate of 281.81. He combined forces with Krunal Pandya, who played a crucial anchoring role with 43 off 28 balls, putting together a blistering 90-run partnership. Patidar turned particularly merciless in the death overs, hammering a massive over from Kulwant Khejroliya as RCB finished their death overs on an absolute high.

Gujarat Titans collapse under scoreboard pressure

Faced with a steep mountain to climb, the Gujarat Titans chase imploded right from the start, losing five wickets inside the powerplay against a lethal pace battery. Openers Sai Sudharsan and skipper Shubman Gill were dismissed in the third and fourth overs respectively.

Sudharsan, the tournament’s leading run-scorer, suffered a bizarre and unfortunate dismissal when his bat slipped during a cut shot, knocking back his own stumps to be out hit-wicket off Jacob Duffy. Gill followed shortly after, cleaned up by an excellent delivery from Bhuvneshwar Kumar.

Jos Buttler offered a brief, aggressive resistance by hitting four boundaries and two sixes in a quick 29, but Australian pacer Josh Hazlewood exacted quick revenge by clean-bowling him in the fifth over. From a precarious position, the Titans slipped further as Jacob Duffy tore through the middle order, dismissing Washington Sundar and Rashid Khan.

Rahul Tewatia was the lone warrior for the Titans, waging a solitary battle to smash a fighting 68. His aggressive hitting brought up the team’s hundred in the 13th over and dragged the side past the 150-mark. However, the target proved far too distant. Krunal Pandya claimed the final wicket in the final over, dismissing GT’s tailender Mohammed Siraj—who was caught by Tim David—to bundle out GT for 162, securing the second-largest victory margin in IPL playoff history for RCB.

While RCB marches straight into the grand finale with ultimate momentum, Gujarat Titans remain alive in the tournament. They will get another opportunity to reach the final when they play the winner of the Eliminator clash between Sunrisers Hyderabad and Rajasthan Royals in Qualifier 2.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com