SC allows Delhi govt to withdraw AAP-era cases against Centre, LG

The Supreme Court permits Rekha Gupta-led Delhi government to withdraw multiple petitions filed by previous AAP administration against Centre, LG over control of services and governance issues

The Supreme Court on Friday permitted the Rekha Gupta-led Delhi government to withdraw several cases initiated by the previous AAP administration against the Centre and the Lieutenant Governor (LG), primarily concerning control over administrative services. 

The AAP government had moved the top court over multiple issues involving control and governance in Delhi. The cases contested the LG’s authority over various administrative and regulatory matters, including the management of waste, the cleaning of the Yamuna River, and the validity of certain legislations and ordinances. 

Representing the Delhi government, Additional Solicitor General Aishwarya Bhati said, “These matters should not trouble this court anymore,” signalling a closure to the long-standing legal dispute between the LG and the former AAP administration.

 

 

Background of the disputes

In July 2023, the apex court had issued a notice to the Centre following a plea from the AAP-led government challenging the Government of National Capital Territory of Delhi (Amendment) Act, 2023. The legislation, which replaced an earlier ordinance, established an authority to oversee the posting and transfer of Group-A officers in Delhi. It was enacted shortly after the Supreme Court had ruled in favour of the elected government’s control over services, excluding matters related to police, land, and public order. 

  One of the withdrawn cases involved a stay granted by the top court in July 2023 against a National Green Tribunal (NGT) order. The NGT had, in January 2023, directed the LG to head a high-level committee tasked with rejuvenating the Yamuna River.

Another petition pertained to the alleged withholding of funds sanctioned for the Delhi Jal Board by the Finance Department of the Delhi government for 2023-25.

 

Other withdrawn cases

Additional cases included a plea reasserting that the LG is constitutionally required to act on the aid and advice of the GNCTD’s council of ministers, and another seeking directives regarding the appointment of the chairperson of the Delhi Electricity Regulatory Commission (DERC). 

The Delhi government has also decided to drop its challenge to the Ministry of Home Affairs (MHA) and LG orders concerning the release of payments to government-appointed lawyers, and the process for appointing advocates-on-record and other legal representatives in the Supreme Court and the Delhi High Court.

 

(With agency inputs)