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Bureau Report: The constitutional bench of the Supreme Court has given a big decision in favor of the Kejriwal government. The court said that only the elected government will have control over government officials in Delhi. The constitution bench said that the Lt. Governor will work on the advice of the Delhi government in all matters except public order, police and land disputes.
The court said that although Delhi has not got the status of a full state, it has the right to make laws and it has to be decided that the ministry of the state does not go into the hands of the Centre. We judges agree that this should never happen again. A constitution bench headed by CJI DY Chandrachud disagreed with the 2019 judgment of Justice Bhushan. In which it was said that the Delhi government has no authority to appoint officers above the level of Joint Secretary.
The Supreme Court reserved the decision on January 18
Actually, there was a conflict between the Delhi government and the Lt. Governor regarding the rights of transfer and posting. The Delhi government says that the Lt. Governor should not interfere in this matter. The Delhi government had filed a petition regarding the same. CJI DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha have pronounced the verdict in the constitutional bench of 5 judges of the Supreme Court. Earlier, the court had reserved the decision on January 18. The matter was referred to a constitutional bench of 5 judges on 6 May 2022.
The Center had demanded to send the matter before a larger bench
During the hearing in January, the Center had demanded that the matter be sent before a larger bench. On behalf of the Centre, Solicitor General Tushar Mehta said that the matter belongs to the capital of the country, so it should be sent to a larger bench. History may not forgive us, we had handed over the national capital to complete anarchy. The Chief Justice said when the hearing has been completed, how can they make such a demand. Why did the center not debate on it earlier, the court did not approve the demand of the centre.
The Delhi government protested
On the demand of the Centre, Abhishek Manu Singhvi, the lawyer of the Delhi government, said that such a picture is being presented here that the national capital is being hijacked. Parliament can make any law but here is a matter of notification regarding authorities. There is a delay in this matter which is being used by the central government.
The whole matter
The battle for rights between the Kejriwal government and the Lt Governor reached the Delhi High Court in 2015. In August 2016, the High Court ruled in favor of the Lt. Governor.
The AAP government appealed to the Supreme Court, a 5-member constitution bench heard the case and in July 2016 ruled in favor of the AAP government. The court said that the CM is the head of Delhi. The Lt. Governor cannot act independently without the advice of the Cabinet.
After this, the matter of appointment of officials was sent to a 2-member bench, 2 judges had different opinions in the decision, then it was sent to 3 judges, they handed over the matter to the constitutional bench on the request of the Center in July last year.
The Constitutional Bench held a hearing for 5 days in January and the decision was preserved on January 18.
Education Minister Harjot Singh Bains arrived at the spot, he first visited the nearby factories NFL, PACL, then he reached the civil hospital in Nangal where about 20 children were admitted, one child was admitted due to his critical condition. PGI has been referred. The condition of the rest of the children is said to be fine. Bains said that the special team from Patiala will investigate what gas was there and how it leaked? He said that strict action will be taken against whoever is found guilty. Harjot Bains also reached the school where the children were affected due to gas, he spoke to the children and teachers and said that there is no need to fear, the health of the children will be taken care of.
The post Big decision of Supreme Court in favor of Kejriwal government! LG asked to work on the advice of the Delhi government! appeared first on The Khalas Tv.
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