Delhi vs Centre: SC says anti-corruption bureau control lies with Centre and not Delhi government

New Delhi: In a jolt to the Delhi government, the Supreme Court on Thursday said that the Centre controls the anti-corruption bureau.

The two-judge bench gave a split verdict on petitions seeking clarity on the powers of the Delhi government and the Lieutenant Governor.

Justice A K Sikri while reading the operative portion of the judgement said, “The two judges are divided over certain aspects.”

On the issue of transfers of Joint Secretaries of Delhi and above, the Lieutenant Governor has the power, Justice AK Sikri held.

Justice Ashok Bhushan dissented from Justice Sikri on the issue of 'services' and said that all the officers fall under the domain of the central government.

The Supreme Court has now referred the issue to a larger bench to decide whether the Delhi government or L-G should have jurisdiction over ‘services’ in Delhi.

The two-judge bench unanimously agreed that control of the Anti-Corruption Bureau (ACB) will come under the Lieutenant-Governor, upholding the Centre's notification.

Further, it was held that the Centre would be the appropriate authority under the Commissions of Inquiry Act.

Issues pertaining to the Electricity Reforms Act, revision of minimum rates of agricultural land, and the power to appoint a special public prosecutor would all lie within the Delhi government’s domain, the court held.

The Supreme Court was hearing individual appeals after a Constitution Bench of the court on July 4, 2018 had held that the Lieutenant Governor is bound by the aid and advice of the Council of Ministers of the Delhi government.