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Who is Delhi’s Boss? In split verdict, Lt Governor Anil Baijal is ultimate winner, here’s how

New Delhi, News Nation Bureau | Updated : 14 February 2019, 11:39 AM

The verdict on power tussle between the Aam Aadmi Party government and Lt Governor is out. In a split verdict, the two-judge bench of Justice AK Sikri and Justice Ashok Bhushan gave power over anti-corruption bureau to the LG. This will be a huge blow for Chief Minister Arvind Kejriwal. The judgment on appointment and transfer of bureaucrat so far shows that LG Anil Baijal has emerged as the ultimate winner.

 

Here are the key facts about the verdict that shows how the LG is Delhi’s boss:

 

1: The most important aspect of the verdict is the jurisdiction over the Anti-Corruption Bureau. Today’s verdict has clearly given the power to LG, thereby the Centre over ACB. Nine petitions were filed before the court in connection with the dispute. The hearing had concluded on November 1, 2018.

2: Power over the Commission of Enquiry Act has also been awarded to the Centre.

3: Though the revision of minimum rates of agricultural land can be done by Delhi government but the LG can refer it to the President of India.

4: The Electric Reforms Act will now come under Delhi government.

5: The power to appoint Special Public Prosecutor also also been given to Delhi government.

 

Services was the only factor over which both judged had dissenting opinion. It has been referred to a Larger Bench.

Last year, in a landmark verdict on July 4, the Supreme Court had held that Lieutenant Governor Anil Baijal does not have independent decision making powers, and is bound to act on the aid and advice of the Council of Ministers.

The judgement pronounced in the court by then Chief Justice Dipak Misra, who was heading a five judge Constitution bench, also held that the LG cannot act as an "obstructionist".

Two other judges, Justices A K Sikri and A M Khanwilkar, concurred with the verdict.

It said all decisions of the Council of Ministers must be communicated to the LG but that does not mean his concurrence is required.

"There is no room for absolutism and there is no room for anarchism also," the court had ruled.

First Published: Thursday, February 14, 2019 11:21 AM
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