Delhi CM Arvind Kejriwal and Deputy CM Manish Sisodia arrives to meet his Lawyer P. Chidambaram at his residence in New Delhi on Wednesday. (EPS |Shekhar Yadav)

Within hours of SC ruling, Delhi government takes back power to post, transfer officers

A Supreme Court Constitution Bench on Wednesday ruled in favour of the Arvind Kejriwal government saying the real powers of governance in Delhi rest with the elected representatives.

NEW DELHI: Within hours of the apex court ruling in its favour, the Delhi government said on Wednesday it was taking back from the Lt Governor the power to transfer and post IAS and other officers.

"Two years back as per a High Court decision, the power to transfer and post officers was taken away from the elected government of Delhi and was reposed with the LG and other officials," Deputy Chief Minister Manish Sisodia said.

"Being the Minister of Services, I have now ordered that this system be changed with immediate effect and be given back to the Chief Minister and Deputy Chief Minister," he told reporters here.

According to the system which prevailed hitherto, the power to transfer and post IAS officers, DANICS officers and officers equivalent to all India services was vested with the Lt. Governor.

The power to transfer and post Grade I and II DASS employees, private secretaries and senior personal assistants was vested with the Chief Secretary.

A Supreme Court Constitution Bench on Wednesday ruled in favour of the Arvind Kejriwal government saying the real powers of governance in Delhi rest with the elected representatives.

Penning down the major judgement for the bench, Chief Justice Dipak Misra said, “L-G has no independent decision making power and cannot behave as an obstructionist when the constitution gives primacy to representative for of government and L-G and Aam Aadmi Party-led government must work in a harmonious manner.”

CJI who wrote for Justices A K Sikri and A M Khanwilkar made it clear that, “Delhi government must be given some degree of independence within the areas on which the Constitution allows it to legislate and administer.”

LG is bound by the aid and advice of the Council of Ministers of Delhi government rules the apex court.

The majority verdict also made it clear that except for three issues, including law and order, Delhi government has the power to legislate and govern on other subjects.

(with input from agencies)