Petition in supreme court challenges larger question of centre's powers in Delhi while seeking clarification on one single word
Prahlad Rao | May 29, 2015 | New Delhi
Is centre making its case weak by rushing to the supreme court on governance in Delhi based on suspect logic? The legal tussle between the Centre and the Delhi government over the home ministry notification clipping the powers of the AAP dispensation has reached the Supreme Court and the Delhi High Court.
The Supreme Court on Friday heard Centre's plea challenging Delhi High Court order terming as "suspect" its notification barring Delhi government's anti-corruption branch (ACB) from acting against its officers in criminal offences, and holding that the LG cannot act in his discretion.
The centre seems th have its on weak wicket as the larger issue is being questioned based on one single word 'suspect'.
In its plea in the apex court, Centre said that there was a need for clear interpretation of Article 239 AA of the Constitution in the balance of equation between the Delhi government and the LG.
When the SC bench of Justices AK Sikri and UU Lalit said that the high court has only used the word "suspect", the additional solicitor general submitted that a clarification is needed.
The centre should have waited for the verdict by Delhi HC on the notification itself before hurrying to the apex court.
The HC on Friday said that both the Centre and Delhi government are fighting over the MHA notification in the right way by approaching court.
The Delhi High Court will hear on August 5 a PIL by a law student challenging the MHA notification on powers of the lt governor and anti-corruption branch.
The AAP government also moved the high court challenging it. The petition mentioned before a bench of Justices BD Ahmed and Sanjeev Sachdeva, said, "The Delhi government has decided to move against the ministry of home affair's (MHA's) May 21 notification."
Meanwhile, the SC bench has said that the high court would hear the fresh petition filed by the Delhi government challenging the May 21 notification of the Centre independently and without being influenced by the observations made by the single judge in his verdict.
The SC has, however, clarified that at this stage there is no stay on observations by the HC which termed the May 21 Centre's notification as 'suspect'.
The SC has also issued notice to the Delhi government on the Centre's appeal against HC order allowing the ACB to take action against bureaucrats.
As the Covid-19 situation continues to improve in India, the ministry of home affairs (MHA) has decided to continue the Guidelines for Reopening, which have already done away with nearly all of Lockdown restrictions in areas outside the containment zones. The MHA issued an order Monday and e
After a scare in September with the number of daily fresh cases inching above 90,000, India seems to have gone down the peak, with several key parameters giving cause for relief just in time for the annual festive season. The new confirmed cases in the 24 hours to Tuesday morning have fallen below 36,500 (
The annual festive season has brought good news for India: the country’s case fatality ratio has gone down to touch 1.5 percent, and the number of deaths per day has dipped below 500 in the 24 hours to Monday morning – bringing the situation closer to the number before the lockdown was imposed
Basking in the success of the new web series, ‘Scam 1992: The Harshad Mehta Story ’,on SonyLIV, the OTT platform from Sony stable where the lead actors are new faces, NP Singh, MD and CEO of Sony Pictures Networks, has said that the script is the new hero. He credited the s
India’s trend of steadily decreasing active cases continues unabated. The number of Active Cases has remained below 10% of the total cases for the last three days, suggesting only one in 10 cases is active Covid-19 patient. The active cases comprise merely 9.29% of the total positive c
The union cabinet chaired by prime minister Narendra Modi on Wednesday gave its approval to pay productivity linked bonus (PLB) for 2019-20 to 16.97 lakh non-gazetted employees of commercial establishments like Railways, Posts, Defence, EPFO, and ESIC, with a financial implication of Rs.2,791 crore.