SUMMARY of the judgment of the division of power thus far:
Services - Split opinion between the two Judges, matter to be referred to a larger bench.
Anti-Corruption Bureau - Authority vested with Centre (L-G)
Commission of Inquiry - Authority vested with Centre (L-G)
Delhi Police - Authority vested with Centre (L-G)
Electricity Board - Authority vested with Delhi government
Appointment of special public prosecutor - Authority vested with Delhi government
Transfer of officers - Those above the rank of Joint Secretary under the authority of Centre. those below the Joint Secretary under the Delhi government
On the issue of services, Justice Bhushan says Delhi government has no power - issue now to be decided by a larger bench.
Justice Bhushan is now reading the judgment:
- agrees with Justice Sikri with most matters
- Split verdict on the issue of control of “services”
- has consensus on control over anti corruption bureau
- is in full agreement on the issues 2,3,4,5,6.
- has consensus that appointment of special public prosecutor should be done by the Delhi government
- ACB to be under the control of the L-G. No power with the Delhi government
- Anti-Corruption Bureau: The L-G to take cognisance of offences against Central government officers. Central government's power upheld.
- Commission of Inquiry under the L-G, Central government to have control over the Commission of Inquiry
- The Delhi government has no police powers
- Delhi government will have power on electricity board and appointment of special public officers
- Officials above the rank of Joint Secretary to under the L-G, officials below the rank of Joint Secretary to under the Delhi government.
Pronouncement of judgment, Justice AK Sikri reading it -
- Judgment going into specific issues in the appeal - Services, ACB, Comm of inquiry, Delhi electricity reforms act.
Jusice AK Sikri says, "In so far as executive power of NCT is concerned, it is in exclusion to the executive power of central government."
Justice Sikri says there is a difference of opinion on certain aspects between the two judges.
SC refuses to refer case to higher bench
Delhi government vs L-G judgment is being pronounced. Justice AK Sikri is reading the judgment.
The Supreme Court will give its verdict on a batch of petitions challenging a Delhi High Court order which said that the Lt. Governor is the administrator HESD of the national capital
AAP-led Delhi government which petitioned to the apex court challenged in its plea a number of circulars issued by the Centre empowering the Lt. Governor Anil Baijal to decide in the matters in certain areas overriding the elected state government including the transfer and postings of officials.
Legal eagles from the Congress - Kapil Sibal and P Chidambaram have represented the Arvind Kejriwal led Delhi government in the past on this matter.