In a ‘turf war’ with AAP govt, Centre asks SC to draw line

NEW DELHI: The Centre on Wednesday asked the Supreme Court to draw a clear-cut line to demarcate the jurisdiction between the central and AAP governments for better administration of Delhi as the constitution bench verdict had failed to end the tug of war between the two.
Senior advocate C A Sundaram, appearing for the Centre, told a bench of Justices A K Sikri and Ashok Bhushan that cooperation between the two governments is still missing despite the constitution bench asking them to work harmoniously and sort out differences.
Though the constitution bench ruled that land, public order and police are under the Centre, leaving it to the regular bench to decide on other issues, the ministry of home affairs and AAP have differed if this includes the contested “services”.
The lieutenant-governor, Anil Baijal, has mantained that transfers and postings remain his domain.
“Cooperation is missing today. It has become a turf war. Your lordships should draw a clear line on the basis of the constitution bench judgment. We need a clear line to be drawn to resolve the present problem. The constitution bench judgment is being used to say that I have no right,” Sundaram said.
‘ AAP govt hasn’t shown basis of deriving power’
The bench also expressed concern over the present situation and said the verdict was delivered to avoid such crisis to ensure smooth administration.
Countering arguments of the Delhi government that contended that the power of posting and transfer of bureaucrats falls in its jurisdiction and the Centre could not interfere, Sundaram said the AAP government has not shown the basis on which it derives such authority. He said the main judgment by the constitution bench is also silent on this. He pleaded the court to clarify the issue, a major bone of contention between two governments.
The bench, however, said it cannot reopen the case and the present controversy will be decided on the basis of the judgment. Earlier senior advocate P Chidambaram, appearing for AAP government, said it is for the central government to allocate the cadre but posting should be by the state government. He referred to various laws, including DANICS (NCT of Delhi, Andaman & Nicobar Islands, Lakshadweep, Daman & Diu and Dadra & Nagar Haveli) civil service rule, to emphasise that posting is to be done by administrators on aid and advice of the elected government of Delhi.
While the practice has been that views of the Delhi government are considered in appointing officials to specific responsibilities, the LG has the final say. An unusual situation has arisen as Delhi government officials have alleged mistreatment and victimisation at the hands of AAP ministers and sought the protection of their “cadre appointing” authority.
While ruling that the LG has no independent power to take decisions and is bound by the elected government's advice, the constitution bench had asked the two governments to work together by sorting out their differences. The verdict has clarified some areas but has failed to halt bickering and dissension as the city government reads the constitutional bench order to mean expanded autonomy while the Centre does not see this extending to areas like services.
“The approach of dialogue, settlement by discussion and suppressing conflicts by harmonious co-existence should also be adopted in case of difference of opinion between the LG on one hand and the council of ministers on the other. Such an approach would not only result in acceptance of the role of LG but also help the NCT of Delhi to cherish the fruits of a responsive government as intended by the Sixty Ninth Constitutional Amendment,” the court has said.