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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.

India News

Congress, BJP attack Bhagwant Mann over remarks on Punjab blasts

Congress and BJP have jointly criticised Punjab CM Bhagwant Mann after he linked recent blasts near defence sites to political motives, triggering a controversy.

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Bhagwant Mann

A political row has erupted in Punjab after Chief Minister Bhagwant Mann linked recent blast incidents to political motives, drawing sharp criticism from both the Congress and the Bharatiya Janata Party (BJP).

The controversy follows two low-intensity explosions reported within a short span of time — one near the Border Security Force (BSF) headquarters in Jalandhar and another close to an army cantonment area in Amritsar. The incidents raised concerns over security, particularly given the sensitive nature of the locations.

In response, Mann suggested that the blasts could be part of a larger political strategy. His remarks triggered a strong backlash, with opposition parties accusing him of politicising a serious security issue.

Leaders from the Congress criticised the Chief Minister’s statement, calling it inappropriate and alleging that such comments undermine the gravity of the situation. They stressed that matters related to national security should be handled with caution and responsibility.

The BJP also joined the criticism, questioning the basis of Mann’s claims and urging the state government to focus on investigation and law enforcement instead of making political allegations.

The developments have led to an unusual moment where both Congress and BJP appear aligned in their criticism of the Aam Aadmi Party-led government in the state.

Meanwhile, the blasts themselves have intensified concerns over safety in border regions, with authorities continuing their investigation into the incidents. No casualties were reported, but the proximity to defence establishments has made the issue particularly sensitive.

The episode has further escalated political tensions in the state, with security and accountability emerging as key points of debate.

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Himanta Biswa Sarma resigns as Assam chief minister, oath ceremony likely after May 11

Himanta Biswa Sarma resigns as Assam Chief Minister after BJP-led NDA’s victory. He will continue as caretaker CM until the new government is sworn in after May 11.

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Himanta sharma

Assam Chief Minister Himanta Biswa Sarma resigned from his post on Wednesday, paving the way for the formation of a new government after the BJP-led NDA secured a decisive victory in the 2026 Assembly elections.

Sarma submitted his resignation to Governor Lakshman Prasad Acharya at Lok Bhawan in Guwahati. The Governor accepted the resignation and asked him to continue as the caretaker Chief Minister until the new government takes charge.

The resignation comes after the NDA’s strong electoral performance, where the alliance won a clear majority in the 126-member Assembly, ensuring its return to power for another term.

Oath ceremony expected after May 11

Speaking to reporters after submitting his resignation, Sarma said the swearing-in ceremony for the new government is likely to be held after May 11.

He indicated that Prime Minister Narendra Modi has been invited to attend the ceremony but is unavailable until May 11, which has influenced the tentative schedule.

Decision on next chief minister soon

Sources suggest that central observers, including senior BJP leaders, are expected to arrive shortly to oversee the selection of the legislature party leader. The newly elected MLAs will then decide on the next Chief Minister.

Despite the formal resignation, party sources indicate that Sarma is likely to continue in the role for another term, given the BJP’s strong mandate in the state.

The move marks the beginning of the government formation process in Assam following the election results declared earlier this week.

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Rahul Gandhi and Vijay alliance took shape through backchannel talks, early signals from Congress leaders

Congress outreach and political calculations led to Rahul Gandhi and Vijay coming together after the Tamil Nadu 2026 election results.

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The coming together of Rahul Gandhi and actor-politician Vijay in Tamil Nadu after the 2026 Assembly elections was not sudden, but the result of behind-the-scenes political manoeuvring and early signals within the Congress.

According to media reports, some leaders in the Tamil Nadu Congress had already sensed the scale of Vijay’s surge during the campaign, anticipating what was later described as a “wave” in favour of his party.

After the results, where Vijay’s Tamilaga Vettri Kazhagam (TVK) emerged as the single largest party but fell short of a majority, communication channels between the Congress leadership and Vijay quickly became active.

A key moment in this evolving political equation was a phone call from Rahul Gandhi to Vijay, congratulating him on the party’s strong performance. The conversation was seen as more than a courtesy, signalling the possibility of cooperation at a time when government formation required additional support.

Reports indicate that discussions within Congress weighed the political benefits of supporting Vijay, especially given the shifting dynamics in the state where traditional dominance by major Dravidian parties has been challenged.

With TVK needing allies to cross the majority mark, Congress emerged as a potential partner, leading to a broader political realignment in the state. This development also triggered tensions within opposition alliances, highlighting the strategic importance of the decision.

The evolving partnership reflects a mix of electoral pragmatism and changing voter sentiment, particularly the growing influence of younger voters, which leaders acknowledged as a key factor in the election outcome.

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