Delhi vs Centre: SC verdict split on control over services; AAP calls it 'tareekh pe tareekh'

In a major setback to the AAP government in Delhi, two judges of the Supreme Court on Thursday agreed that the Centre should have the final word on posting and transfer of bureaucrats in the national capital administration, but their disagreement on finer details resulted in a split verdict and the matter got referred to a larger bench.

The bench, which was called upon to decide on six vexatious issues pertaining to a long-running feud between the central and the national capital governments, gave an unanimous verdict on the remaining five counts and ruled that the Delhi government's Anti-Corruption Branch (ACB) cannot probe the Centre's employees in corruption cases.

Delhi Chief Minister Arvind Kejriwal, whose Aam Aadmi Party has been accusing the Narendra Modi government at the Centre of appointing such officers who create hurdles in the works of the AAP government, termed the verdict as "unfortunate" and said it was ironic that a chief minister can't have power to appoint even a peon in his office.

While AAP used popular Bollywood dialogue "tareekh pe tareekh" (hearing after hearing) to describe a split verdict after four years of litigation, the BJP promptly accused Kejriwal of "declaring a war on the Supreme Court" and said it is considering filing contempt of court proceedings against him.

Welcoming the order, the saffron party said it was a "lesson" for Kejriwal and went on to describe him as an "urban naxal" who always tried to cross boundaries by adopting "unconstitutional" means.

Out of six contentions issues, the Delhi government won in three and lost to the Centre on two critical aspects of investigating power to probe central government employees and for setting up of inquiry commissions.

While it left for a larger bench to conclusively decide who will have control over administrative services in the national capital, the apex court bench of Justices A K Sikri and Ashok Bhushan unanimously ruled that the the power to appoint inquiry commissions would rest with the Centre as "there is no 'State Government' in the Union Territory and the State Government (for this purpose) shall mean the Central Government".

In its 202-page verdict, the court, however, held that the elected Delhi government will have the right to appoint public prosecutors, to decide land revenue matters and also to appoint or deal with electricity commission or board.

On the most contentious issue, Justice Sikri said, "The transfers and postings of secretaries, heads of departments and other officers in the scale of Joint Secretary to the Government of India and above can be done by the Lieutenant Governor and the file submitted to him directly."