New Delhi: In a big relief for the Central government, the High Court ruled that the Lieutenant Governor is the constitutional authority in Delhi. Both the Centre and the Delhi government have approached the court following a power tussle over the appointment of bureaucrats.
Chief Minister Arvind Kejriwal and L-G Najeeb Jung have been locked in a bitter fight on the issue.
The High Court said that L-G will deliberate on the proposal given by the Delhi government. The court declined the request of the petitioner to change the constitutional primacy of the L-G.
Meanwhile, a notice has been given to the Centre on Delhi government's plea. The court also wants to know how bureaucrats are posted or transferred in other Union Territories and sought data in this regard.
The order effectively means that any transfer or appointment done by the Kejriwal government will remain null and void unless it is approved by the Lt Governor.
All the observations were made during a hearing on the AAP government's appeal challenging the Home Ministry's notification. The AAP government argued that the Home Ministry's notification had no legal authority. The AAP government referred to several sections in the Constitution to claim that the Lt Governor must act on the aid and advice of the Chief Minister and his Cabinet.
The AAP government also convened a two-day special Assembly session on May 26 to pass a resolution against the notification issued by Home Ministry, which called the Lt Governor's powers absolute and gave him supremacy over the elected government in the national capital.
The face-off between the Delhi government and Jung intensified over the appointment of Shakuntala Gamlin as acting Chief Secretary.
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