No illegality in Centre’s notifications: HC told

The Centre told the Delhi High Court on Thursday that there was no illegality in its notifications giving absolute powers to Lieutenant Governor (LG) to appoint bureaucrats in the city and limiting Anti Corruption Branch’s (ACB) jurisdiction to Delhi government officials.

The Centre argued before a Bench of Chief Justice G Rohini and Justice Jayant Nath that these two notifications, issued in 2014 and 2015, were only clarificatory in nature as there was a “deadlock” between the Delhi government and the LG.

“There is no illegality in the notifications of 2014 and 2015. These were only clarificatory in nature and the need for issuing these arose because there was a deadlock between the petitioner (Delhi Government) and LG. There was misconception on the part of the petitioner,” Additional Solicitor General (ASG) Sanjay Jain told the Bench. Wrapping up his arguments on the petitions challenging the two notifications, ASG claimed that Delhi government has not been able to point out even a “single flaw” in it, as it was issued within the ambit of the Constitution.

“We do not want a situation where there is a logjam in the functioning of the government,” he said.

Regarding notification on ACB’s jurisdiction, Jain said ACB comes directly under the control of the Centre through LG and its entire focus and scope has been clearly defined.

“The ACB was established for functional and administrative convenience. It does not mean that it will be under council of ministers of the Delhi government. It is a police body and the subject matter of police is not within the legislative power of the Delhi government,” ASG submitted.

On the notification on appointment of bureaucrats, Jain said Delhi government does not have its own service commission and LG has the say because cadre control of DANICS, DANIPS and AGMUT comes under the Central government.