Legislative and executive powers over public order, police and land remain under central govt, clears apex court
AAP leaders and supporters celebrate outside the Delhi Secretariat after the Supreme Court’s ruling, in New Delhi, on Thursday. Pic/PTI
In a significant victory for the AAP government, the Supreme Court on Thursday delivered a unanimous verdict, ruling that the Delhi government has legislative and executive powers over administration of services, except for public order, police and land.
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Asserting that an elected government needs to have control over bureaucrats, a five-judge constitution bench, headed by SJI D Y Chandrachud, refused to agree with the 2019 judgment of Justice Ashok Bhushan that the Delhi government has no power over the issue of services.
“The National Capital Territory of Delhi government has legislative and executive powers over services sans...public order, police and land,” said the bench, also comprising Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha.
Also Read: Centre-Delhi services row: AAP hails SC order, says big victory for Delhi govt
AAP chief and Delhi CM Arvind Kejriwal termed the order a “victory of democracy” and his party said it was a “tight slap” on the mission to topple state governments across the country. Services Minister Saurabh Bharadwaj said Delhi’s people have won the battle that was being fought by Kejriwal for nearly nine years.
Secretary of the Delhi government’s Services Department Ashish More was removed from his post hours after the SC verdict. Kejriwal later warned more major administrative reshuffle and action against officers who “obstructed” public work.
It was a gazette notification of the Union Home Ministry, stating that the LG will have jurisdiction over matters connected with services, public order, police and land and he may consult the CM whenever he thinks necessary on issues of services using his own “discretion”, which led to the battle in May 2015.
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