Impatient centre makes its case a suspect -Governance Now

Impatient centre makes its case a suspect

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

#delhi #arvind kejriwal #high court #supreme court #aap

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.

Comments

Other News

Boost to offshore wind energy projects

In a major decision, the Government has decided to grant waiver of ISTS charges to Off-Shore Wind Projects and extend the waiver to Green Hydrogen/Green Ammonia. This decision has been taken to facilitate wider execution of offshore wind energy initiatives, to promote the expansion of Green Hydrogen / Gree

Duty of stakeholders to provide cost effective, alternate energy fuels: Gadkari

Urging use of alternative and cost effective fuels to reduce pollution caused by vehicles, union road transport and highways minister Nitin Gadkari on Thursday said finding cost-effective fuels is the need of the hour and underlined that use of fuels like bio-CNG and green hydrogen help in protecting the e

Record production of rice, wheat, and sugarcane estimated

The foodgrain production of 3305.34 lakh tonnes is estimated in the current agricultural year 2022-23 – higher by 149.18 LMT as compared to the previous year, according to the Third Advance Estimates of production of major crops released by the ministry of agriculture and farmers welfare.

India`s ‘AIRAWAT’ ranks 75th in top 500 Supercomputing List

The AI Supercomputer ‘AIRAWAT’, installed at C-DAC, Pune, has been ranked 75th in the world. It was declared so in the 61st edition of Top 500 Global Supercomputing List on Tuesday at the International Supercomputing Conference (ISC 2023) in Germany. It puts India on top of AI S

Ocean Dialogue a great opportunity for G20 members

The ongoing third Environment and Climate Sustainability Working Group G20 meeting (May 21-23) has focused on three aspects: land degradation and reclamation of mining areas, Blue Economy and sustainable ocean management and resource sufficiency and circular economy. Leena Nandan, secretary,

Semi hi-speed trains, buses could be primary alternative to cars

We are not paying sufficient attention to the rapidly growing oil imports (from pre-Covid-19 to post-Covid, in 2022). They surged from 102 million tons (MT) in 2019-20 to 168 MT in 2022-23, an increase of 68%. India is the largest importer of oil in the world, and, at current rate, we