The Central government on Thursday informed the high court that there was no illegality in its notifications giving absolute powers to lieutenant-governor to appoint bureaucrats in the city and limiting ACB’s jurisdiction to Delhi government officials.
The Centre argued before the court that these two notifications, issued in 2014 and 2015, were only clarificatory in nature as there was a “deadlock” between the Delhi government and the L-G. “There is no illegality in the notifications of 2014 and 2015. These were only clarificatory in nature and the need for issuing these arose because there was a deadlock between the petitioner (Delhi government) and L-G. There was misconception on the part of the petitioner,” additional solicitor-general Sanjay Jain told the bench.
Wrapping up his arguments on the petitions challenging the two notifications, ASG claimed that the Delhi government has not been able to point out even a “single flaw” in it, as it was issued within the ambit of the Constitution.
“We do not want a situation where there is a logjam in the functioning of the government,” he said.
Regarding notification on the ACB’s jurisdiction, Mr Jain said the ACB comes directly under the control of the Centre through L-G and its entire focus and scope has been clearly defined. “The ACB was established for functional and administrative convenience. It does not mean that it will be under council of ministers of the Delhi government. It is a police body and the subject matter of police is not within the legislative power of the Delhi government,” ASG submitted.
On the notification on appointment of bureaucrats, Mr Jain said the Delhi government does not have its own service commission and the L-G has the say because cadre control of Danics, DANIPS and AGMUT.
