The Government of National Capital Territory of Delhi (GNCTD) has filed multiple petitions against the Union territory’s lieutenant governor in the Supreme Court.
NEW DELHI: The relationship between the elected Government of National Capital Territory of Delhi (GNCTD) and the Union territory’s lieutenant governor (LG) has been characterized by a persistent legal hustle. Between April 2023 and May 2024, the GNCTD, controlled by the Aam Aadmi Party (AAP), filed 10 petitions against the LG in the Supreme Court, covering a range of issues from constitutional challenges to administrative control.
The main reason behind the Delhi Government approaching the Supreme Court is the pendency of a challenge to the GNCTD Act, 2023, which deals with the control of administrative services in the region. In May 2023, a five-judge Supreme Court bench ruled that the Delhi government has legislative and executive powers over all services except for public order, police, and land. However, shortly after this ruling, the Union government promulgated an ordinance effectively taking back control of administrative services, a move that the Delhi government has challenged in the Supreme Court.
DERC Chairperson Appointment
In April 2023, the Delhi government filed its first writ petition concerning the appointment of the Delhi Electricity Regulatory Commission (DERC) chairperson. After a prolonged deadlock between the Delhi government and the LG, the Supreme Court intervened in August 2023, appointing retired Delhi High Court judge Jayant Nath as the DERC chair. However, the plea challenging the constitutional validity of the law regarding the appointment process remains unresolved.
Teachers’ Training in Finland
Another petition filed in April 2023 concerned the LG’s conditional approval of sending Delhi government school teachers to Finland for special training. The Delhi Government argued that the LG overstepped his authority by imposing these conditions without consulting the council of ministers. This plea has been pending for over a year.
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Farishtey Scheme Re-operationalisation
In November 2023, the Delhi Government sought Supreme Court intervention to release funds for re-operationalising the Farishtey scheme, which provides cashless medical treatment for road accident victims. The LG claimed no involvement in de-operationalising the scheme, but the Supreme Court requested his response. This plea has also been pending for over a year.
Extension of Delhi’s Chief Secretary Tenure
The Delhi Government filed a petition in November 2023 against the central government’s decision to extend the tenure of Delhi’s chief secretary by six months. Despite the Delhi government’s objections, the Supreme Court eventually upheld the Centre’s decision.
Engagement of Lawyers Outside Panel
The Delhi Government filed a plea against restrictions imposed by the Centre and the LG on engaging non-empanelled lawyers for important cases. The Supreme Court directed the LG and the Union government to clear the pending fees of these lawyers and avoid making it a “prestige issue.” This case is scheduled for a hearing in July.
READ ALSO: Delhi Government Challenges LG’s Authority to Appoint Lawyers for State in Supreme Court
Appeals Against NGT Orders
The Delhi Government filed two appeals in 2023 against National Green Tribunal (NGT) orders that appointed the LG as the chairperson of high-level committees to combat Yamuna river pollution and oversee municipal solid waste disposal. The Supreme Court stayed the order appointing the LG as the chairperson of the Yamuna pollution-prevention committee. Both cases are still pending.
