NCT of Delhi v. Lt. Governor: How the Delhi Power Tussle reached the Supreme Court [Read Timeline]

The Delhi government has been embroiled in a bitter power struggle with the Lieutenant Governor of Delhi over the question of who should essentially call the shots in the capital – the elected government or the Lt. Governor appointed by the President..In what seems to be a big win for the Aam Aadmi Party (AAP), the Supreme Court has today unanimously ruled that the Lieutenant Governor is bound by the aid and advice of the Council of Ministers of the NCT government..The judgment was delivered by a Bench of Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan..The Bench delivered three separate judgments – Justices Sikri and Khanwilkar concurred with the judgment of CJI Misra, while Justices Chandrachud and Bhushan wrote separate but concurring judgments..The Supreme Court has held that the Lt. Governor is bound by the aid and advice of Council of Ministers, subject to the proviso to Article 239AA to refer a matter to President. He cannot act independently and has to act as per the aid and advice of the Council of Ministers..It all started when Arvind Kejriwal’s Aam Aadmi Party (AAP) won Delhi’s mandate the first time in December 2013. Najeeb Jung was the Lt. Governor then..Here is how the lengthy litigation took shape:.February 2014.Into its second month in power, the newly elected AAP government cleared the draft of the Jan Lokpal Bill. It was sent across to the Union Law Ministry by Najeeb Jung, claiming that the Centre’s approval was necessary for the introduction of the Bill. On February 14, 49 days after being elected, Kejriwal resigned as the Chief Minister over this tussle, which was only the first of many. Delhi was placed under President’s rule..February 2015.Almost a year after resigning, Kejriwal won the Delhi elections and was appointed Chief Minister again..April 2015.Kejriwal issued a directive to all officials to route all files in relation to Police, Public Order and Land through the Chief Minister’s office. Jung, however, asserted his supremacy, saying he has the authority to have a say on these subjects, and was not obliged to route any files through the CMO..May 2015.Jung issued a notification stating that as per Articles 239 and 239AA(3)(a), the power to appoint and transfer bureaucrats was vested in him. The notification also barred the Anti-Corruption Branch (ACB) of the police from taking cognizance of offences against Central Government employees, officers, and functionaries. Kejriwal termed this a “gross abuse of power”. This notification was later challenged before the Delhi High Court..A Single Judge Bench of the Delhi High Court ruled later that month that the ACB could, in fact, act against Central Government employees. The Centre moved the Supreme Court challenging this judgement..June 2015.The Department of Power under Kejriwal government issued policy directions, allegedly without placing them before the Lt. Governor for his approval or concurrence. This later came to be challenged before the Delhi High Court, adding to the layers of the litigation in this power struggle..July 2015.The Supreme Court Bench of Justices Dipak Misra and UU Lalit refused to entertain the Centre’s challenge to the Delhi High Court judgement, on the ground that a similar matter was sub-judice before the Delhi High Court..August 2015.A notification revising the minimum rates of agricultural land was issued by the Revenue Department of the Delhi government. The Circle rates of agricultural land in Delhi were effectively hiked. This too was opposed by the Lt. Governor..Another notification, this time by the Directorate of Vigilance of the Delhi government, was issued under the Commissions of Inquiry Act, 1952. An inquiry commission to probe the CNG fitness scam was set up through this notification and was objected to by Jung. Three petitions against this notification were filed before the Delhi High Court..All the petitions filed against these notifications were on the ground that they were not placed before the Lt. Governor for his views..December 2015.The Delhi government set up another inquiry commission to look into the Delhi and District Cricket Association (DDCA) vide a notification by the Directorate of Vigilance. Jung challenged the validity of this commission and a petition against this notification was filed..August 2016.In a setback to the Kejriwal government, a Division Bench of the Delhi High Court of then Chief Justice G Rohini and Justice Jayant Nath ruled against the Delhi government. In a 194-page long judgment, the Court held that Delhi is a Union Territory and the Lt. Governor of Delhi is not bound to act only on he aid and advice of the Delhi Legislative Assembly. This judgement reinforced Jung’s claim of supremacy in the NCT..This judgment was challenged before the Supreme Court..December 2016.Najeeb Jung resigned as the Lt. Governor of Delhi, paving the way for Anil Baijal to take over the post..February 2017.A Supreme Court Bench of Justices AK Sikri and RK Agrawal, after hearing the appeal by the Delhi government for over five months, referred the case to a Constitution Bench..November 2017.A Constitution Bench of the Supreme Court presided by Chief Justice of India Dipak Misra and comprising Justices AK Sikri, AM Khanwilkar, Ashok Bhushan and DY Chandrachud began hearing the Delhi government’s appeal..December 2017.After hearing the case for over a month, the Supreme Court reserved its verdict in the case..July 2018.Almost six months after reserving its judgment, the Court today ruled that the Lt. Governor is bound by the aid and advice of the Council of Ministers, subject to the proviso to Article 239AA to refer a matter to President. He cannot act independently and has to act as per aid and advice of Council of Ministers.