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

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

The rich continue to get richer, and the poor poorer: Oxfam

Indian billionaires saw their incomes surge by Rs 2,200 crore a day in 2018, and the wealthiest got wealthier as the top 1 percent of the country’s richest increased their fortune by 39 percent – but the bottom half managed to climb the ladder by a mere 3 percent, a report by Oxfam reveals.

Breaking down some key terms used in budget

The central government is set to present a complex and comprehensive report of its revenues and expenditures throughout the financial year in the budget address on February 1. Modi led NDA government will present the interim budget this year as elections are set to take place in April.  

Understanding interim budget

Narendra Modi-led NDA government is due to present its last budget on February 1, before the 2019 general elections. Finance minister Arun Jaitley, who is currently in US for medical treatment, is likely to present the budget. This will be an interim budget of the NDA government.

BHEL and Libcoin to set up India’s first lithium-ion battery plant

The government has said that state-run BHEL and Libcoin are in talks to form a world class consortium to initially build 1 GWh (Gigawatt hours) lithium ion battery plant in India. The plant’s capacity will be enhanced up to 30 GWh after some time. With this, India has finally taken steps into its ene

Modi govt okays pay scale regularisation of hydro CPSEs

The centre has given the green signal for regularisation of pay scales of board level executives in National Hydroelectric Power Corporation Ltd (NHPC), North East Electric Power Corporation (NEEPCO), THDC India Ltd. (formerly Tehri Hydro Development Corporation Ltd.) and Satluj Jal Vidhyut Nigam Ltd. (SJV

Numaligarh Refinery expansion plan approved by govt

The government has given approved the project for capacity expansion of Numaligarh Refinery from 3 MMTPA (million metric tonne per annum) to 9 MMTPA.    The plan envisages setting up of crude oil pipeline from Paradip to Numaligarh and product pipeline from Numaligarh to Sil

Current Issue

Current Issue

Video

CM Nitish’s convoy attacked in Buxar

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter