SC verdict on Delhi-Centre power row a shot in the arm for AAP

New Delhi: Amid constant tussle between the AAP and the Delhi L-G over a host of issues ranging from teachers' Finland trip to Yoga classes, the Supreme Court verdict on Thursday giving the control of services department to the ruling dispensation has given a big filip to the Arvind Kejriwal-led government.

The party leaders said the verdict makes it clear that the Delhi government has powers like any other state government.

In a crucial ruling, the apex court said the Delhi government has legislative and executive powers over administration of services except for public order, police and land. A five-judge constitution bench headed by Chief Justice D Y Chandrachud, in a unanimous verdict, put an end to the eight-year-old dispute between the Centre and the Delhi government triggered by a 2015 home ministry notification asserting its control over services, holding that the National Capital Territory administration is unlike other Union Territories and has been “accorded a ‘sui generis’ (unique) status by the Constitution".

Commenting on the verdict, the Aam Aadmi Party (AAP) leaders said it has given the dispensation the power to transfer officers and effect administrative reshuffle which was earlier under the complete control of the Lieutenant Governor (L-G).

Calling it a "landmark decision", Kejriwal said the court has made it clear that the ministers will now be able to transfer officers who are "inefficient" or "obstructing public work".

Notably, Secretary of the Delhi government's Services Department, Ashish More was removed from his post, hours after the court verdict. Former Delhi Jal Board CEO A K Singh, a 1995-batch (AGMUT cadre) IAS officer, will replace More, officials said.

Earlier in the day, AAP chief spokesperson and Services Minister Saurabh Bharadwaj said all types of officers used to report to the Centre via the Lt Governor.

"Like the honourable Chief Justice of India explained in his judgement, all IAS and DANICS officers were till now reporting to the central government via the L-G. If an officer was inefficient, there was no way of shifting him out of the department.

"There was no way of controlling the officers in terms of the welfare of the people. Now, all this power, which are generally called ‘Services’ – executive and legislative powers – all lie with the elected government of Delhi, and this has been reiterated by the Supreme Court that the L-G is bound by the aid and advice of the Council of Minister in all subjects, other than police, public order and land," he said. Kejriwal also warned that officers who will "obstruct" public work will face the music, and said a major administrative overahul is in the offing.

Elaborating on the Delhi government's powers, the apex court said the legislative and executive power over services such as the Indian Administrative Service, or Joint Cadre services, which are relevant for the implementation of policies and vision of the Delhi government in terms of day-to-day administration of the region, shall lie with it.

The Kejriwal government has been alleging that bureaucrats belonging to the All India Services and joint UT cadres like DANICS (Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli) do not follow the administrative directions of the elected government.

AAP Rajya Sabha MP Sanjay Singh stressed how despite the Delhi government’s aspirations to implement the door-to-door ration delivery scheme and expand the number of 'mohalla clinics', these initiatives were met with "unjustifiable obstructions by the central government through the L-G of Delhi".

“Yet, as it is often said, the truth may be troubled, but never defeated. Today, truth has prevailed, affirming that in a democracy, public holds the ultimate power, and a government elected by the public is supreme. The Supreme Court verdict underscores that no Lieutenant Governor can supersede the elected government and the people’s mandate, and dictate terms," he asserted.

AAP minister Atishi Marlena said the L-G can now look at papers related to the government, but cannot take decisions on them.