The Crossbill News Desk
The Supreme Court on Friday (May 23) permitted the Delhi government, now led by Rekha Gupta, to withdraw multiple legal cases filed by the previous Aam Aadmi Party (AAP) administration against the Centre and the Lieutenant Governor (L-G).
The decision marks a significant de-escalation in the long-running institutional conflict between Delhi’s elected government and the Union government.
A bench comprising Chief Justice of India B R Gavai and Justice Augustine George Masih granted the withdrawal after Additional Solicitor General Aishwarya Bhati, representing the BJP-led administration, stated that the disputes “should not trouble this court anymore.”
The withdrawn cases—seven in total—were filed during the tenure of former Chief Minister Arvind Kejriwal. They included legal challenges concerning the control of administrative services in Delhi, the authority exercised by the L-G in government committees such as those overseeing solid waste management and Yamuna river rejuvenation, and the constitutional validity of several central ordinances and Acts.
One of the major flashpoints was the case concerning control over Delhi’s services. In a landmark judgment on May 11, 2023, a five-judge Constitution Bench ruled that, barring matters related to police, land, and public order, the elected Delhi government had the authority to manage services and bureaucratic appointments.
The court emphasized Delhi’s “sui generis” status under the Constitution and stressed that denying the elected government control over officials would undermine the principle of collective responsibility.
In response to the ruling, the Centre issued the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, on May 19, establishing the National Capital Civil Services Authority to oversee the transfer and posting of Group-A officers. The ordinance was fiercely opposed by the Kejriwal-led AAP government, which challenged it in court.
The SC had also intervened in another dispute arising from a National Green Tribunal (NGT) order dated January 19, 2023, which appointed the L-G as head of a high-level committee for Yamuna river rejuvenation. The AAP government contested the decision, leading the Supreme Court to stay the NGT’s order.
Other legal battles between the Delhi government and the Centre included cases concerning alleged delays in the release of funds to the Delhi Jal Board for the 2023–25 period, as well as the appointment of the chairperson for the Delhi Electricity Regulatory Commission (DERC).
Prior to this development, several cases initiated by the AAP government had already been withdrawn from the Delhi High Court.
During its tenure, the AAP government had vehemently opposed the Centre’s ordinance, claiming it had emboldened bureaucrats to disregard ministerial directives and skip official meetings.
Then Chief Minister Arvind Kejriwal and his cabinet alleged that governance was being obstructed, citing halted infrastructure projects like water and sewer lines and unrepaired roads. AAP leaders also accused officers of acting solely on the L-G’s instructions, charges which were denied by the L-G’s office.
The withdrawal of these cases signals a potential thaw in the strained Centre-state relations in the national capital, with the new administration moving to end contentious legal battles initiated by its predecessor.
The decision marks a significant de-escalation in the long-running institutional conflict between Delhi’s elected government and the Union government.
A bench comprising Chief Justice of India B R Gavai and Justice Augustine George Masih granted the withdrawal after Additional Solicitor General Aishwarya Bhati, representing the BJP-led administration, stated that the disputes “should not trouble this court anymore.”
The withdrawn cases—seven in total—were filed during the tenure of former Chief Minister Arvind Kejriwal. They included legal challenges concerning the control of administrative services in Delhi, the authority exercised by the L-G in government committees such as those overseeing solid waste management and Yamuna river rejuvenation, and the constitutional validity of several central ordinances and Acts.
One of the major flashpoints was the case concerning control over Delhi’s services. In a landmark judgment on May 11, 2023, a five-judge Constitution Bench ruled that, barring matters related to police, land, and public order, the elected Delhi government had the authority to manage services and bureaucratic appointments.
The court emphasized Delhi’s “sui generis” status under the Constitution and stressed that denying the elected government control over officials would undermine the principle of collective responsibility.
In response to the ruling, the Centre issued the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, on May 19, establishing the National Capital Civil Services Authority to oversee the transfer and posting of Group-A officers. The ordinance was fiercely opposed by the Kejriwal-led AAP government, which challenged it in court.
The SC had also intervened in another dispute arising from a National Green Tribunal (NGT) order dated January 19, 2023, which appointed the L-G as head of a high-level committee for Yamuna river rejuvenation. The AAP government contested the decision, leading the Supreme Court to stay the NGT’s order.
Other legal battles between the Delhi government and the Centre included cases concerning alleged delays in the release of funds to the Delhi Jal Board for the 2023–25 period, as well as the appointment of the chairperson for the Delhi Electricity Regulatory Commission (DERC).
Prior to this development, several cases initiated by the AAP government had already been withdrawn from the Delhi High Court.
During its tenure, the AAP government had vehemently opposed the Centre’s ordinance, claiming it had emboldened bureaucrats to disregard ministerial directives and skip official meetings.
Then Chief Minister Arvind Kejriwal and his cabinet alleged that governance was being obstructed, citing halted infrastructure projects like water and sewer lines and unrepaired roads. AAP leaders also accused officers of acting solely on the L-G’s instructions, charges which were denied by the L-G’s office.
The withdrawal of these cases signals a potential thaw in the strained Centre-state relations in the national capital, with the new administration moving to end contentious legal battles initiated by its predecessor.
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