News Desk, AnyTV, New Delhi
Published by: Abhishek Dixit
Updated Thu, 03 Mar 2022 09:43 PM IST
Summary
The Act gives wide powers to the Lieutenant Governor by declaring him as the ‘Government of Delhi’. Further, it also provides that the opinion of the LG shall be taken before taking any executive action on the decisions of the Council of Ministers of the Delhi Government on all matters specified by the LG.
hear the news
Expansion
A bench of CJI NV Raman, Justice AS Bopanna and Justice Hima Kohli, after hearing the arguments of Delhi government’s counsel Abhishek Manu Singhvi, directed the central government to file a counter-affidavit. The Supreme Court will hear the matter after four weeks. Additional Solicitor General Aman Lekhi, appearing for the Centre, said the matter needs to be referred to the Constitution Bench. But the CJI said, we don’t think it is needed. I think we three, can settle the matter. Only a three-judge bench will hear the matter.
The bench also decided to take up the unresolved issue related to the dispute between the Center and the Delhi government over the authority over administrative services in the national capital. In February 2019, a bench of Justices AK Sikri and Justice Ashok Bhushan (both retired) had given a fractured verdict on the issue.
Justice Sikri had said that the transfer and posting of officers of the rank of Joint Secretary and above are subject to the powers of the Lieutenant Governor of Delhi. While other officers are under the control of Delhi government. On the other hand, Justice Bhushan had a different opinion. He believed that services were completely outside the purview of the Delhi government. Being a fractured verdict, the matter was referred to a three-judge bench.
So the discipline will be zero
Advocate Singhvi, representing the Delhi government, said, “I am a government but I cannot transfer the officers. I cannot appoint and govern officers and if they know this then discipline will be void. This matter is urgent and should be dealt with expeditiously.
what is the matter
The Act gives wide powers to the Lieutenant Governor by declaring him as the ‘Government of Delhi’. Further, it also provides that the opinion of the LG shall be taken before taking any executive action on the decisions of the Council of Ministers of the Delhi Government on all matters specified by the LG. The writ petition has sought a direction to quash sections 21, 24, 33, 44 of the Government of National Capital Territory of Delhi Act, 1991, as amended by the 2021 Amendment Act.