Delhi vs Centre: SC verdict split on control of services

New Delhi: In a setback to the AAP government in Delhi, a two-judge bench of the Supreme Court on Thursday gave a split verdict on the contentious issue of who should control administrative services but appeared to agree that the Centre has the final word.

In view of the differences, Justices A K Sikri and Ashok Bhushan referred the matter to a larger bench of the apex court.

Delhi Chief Minister Arvind Kejriwal, whose Aam Aadmi Party has been accusing the Centre of appointing such officers who create hurdles in the works of the AAP government, termed the verdict as "unfortunate" and said it was ironic that a chief minister can't have the power to appoint even a peon in his office.

The two judges, who were hearing pleas on six matters pertaining to a long-running conflict between the Narendra Modi government at the Centre and the AAP government in the national capital, gave a unanimous order on the remaining five issues.

Both judges agreed that the Lieutenant Governor (L-G) will have control over the Anti-Corruption Bureau, as already notified by the Centre, and the power to appoint inquiry commissions would also rest with the central government.

On the other hand, the elected Delhi government will have the right to appoint public prosecutors, to decide land revenue matters and also to appoint or deal with electricity commission or board, the bench ruled.

On the most contentious issue where the verdict was divided, Justice Bhushan ruled the Delhi government has no power at all over administrative services.

Justice Sikri, however, made a distinction by saying the transfer or posting of officers in top echelons of bureaucracy (joint director and above) can only be done by the central government and the view of L-G would prevail in case of difference of opinion for matters relating other bureaucrats.