Delhi government has right to appoint public prosecutors, says SC

The Delhi government has the right to appoint public prosecutors and the Lieutenant Governor should act on the aid and advice of the Council of Ministers, the Supreme Court said Thursday.

Giving a split verdict on the contentious issue of who should control administrative services in a case pertaining to long-running conflict between the Narendra Modi government at the Centre and the AAP government in the national capital, the top court said that the LG should act on the advice of ministers of the Delhi government.

A bench of Justices A K Sikri and Ashok Bhushan relied upon the Delhi High Court's verdict which held that in matters such as power to appoint a public prosecutor, the Delhi government has legislative competence and that the LG shall act on the aid and advice of the Council of Ministers.

The bench said: "The high court has rightly held that in respect of these entries, the Government of NCT of Delhi has legislative competence under Article 239AA of the Constitution and that the LG under Article 239AA(4) of the Constitution shall act on the aid and advice of the Council of Ministers...

"We, therefore, hold that Lieutenant Governor, while appointing the Special Public Prosecutor, is to act on the aid and advice of the Council of Ministers."