The ongoing power struggle between the Delhi Government and the Union Government has once again made its way to the Supreme Court. On Friday, Senior Advocate Dr. Abhishek Manu Singhvi, assisted by Advocate Shadan Farasat, representing the Government of National Capital Territory of Delhi, approached Chief Justice of India DY Chandrachud for urgent listing of the matter.
“They(Centre) are saying we will not transfer anybody. I can file contempt in view of the judgement passed yesterday. But it will take time. So kindly list the matter”, Singhvi said.
While laying down the law, the Constitution bench in its judgement yesterday stated–
“We have answered the issue referred to this Constitution Bench by the order dated 6 May 2022. The Registry shall place the papers of this appeal before the Regular Bench for disposal after obtaining the directions of the Chief Justice of India on the administrative side.”
CJI agreed to consider the request.
The Delhi Government has complained that the Union Government is not approving its decision to transfer a Secretary, despite a Constitution Bench upholding the powers of the Delhi Government to control services, except those related to public order, police, and land, a day earlier.
Singhvi requested the constitution of a division bench at the earliest to hear the appeal. The Constitution Bench had referred the matter back to the division bench after answering the points of reference.
The power tussle between the Delhi Government and the Union Government has been ongoing for several years. In 2015, the Delhi Government passed an order to transfer and post officers in the city, citing that it had the power to do so under the Constitution. However, the Union Government disagreed and stated that the Lieutenant Governor, who represents the Union Government in Delhi, had the final say in such matters.
The matter eventually reached the Supreme Court, which constituted a Constitution Bench to settle the dispute. On Thursday, the Constitution Bench upheld the powers of the Delhi Government to control services, except those related to public order, police, and land.
Despite this ruling, the Delhi Government’s complaint suggests that the Union Government is still not willing to cede control over the transfer of officers. The matter will now be heard by a division bench of the Supreme Court.
The power struggle between the Delhi Government and the Union Government has been a contentious issue, with both sides accusing each other of overreach and interference. The latest complaint by the Delhi Government suggests that the dispute is far from over, and it remains to be seen how the division bench of the Supreme Court will rule on the matter.
