SC to hear Delhi govt's plea to withdraw petitions filed during AAP regime
The Supreme Court on Friday will hear a batch of seven petitions that the current Delhi government, led by the Bharatiya Janata Party (BJP), is seeking to withdraw. These petitions, filed under the previous Aam Aadmi Party (AAP) regime, had challenged the lieutenant governor (LG) VK Saxena's alleged overreach in matters relating to the environment, administrative decisions, and appointments—areas where the AAP government argued the LG had acted without the aid and advice of the elected council of ministers.
On Thursday, the Delhi government urgently approached the apex court seeking to list the matters for withdrawal, citing the change in political leadership. Additional solicitor general (ASG) Aishwarya Bhatta appeared before a bench of justices Surya Kant and N Kotiswar Singh, initially mentioning one of the seven cases—specifically, a challenge to a February 2023 National Green Tribunal (NGT) order that constituted a high-level committee on solid waste management headed by the LG.
Bhatta told the court that six similar petitions were pending, all filed by the Delhi government in 2023 and 2024. At her request, the bench agreed to list all seven matters for hearing on Friday. As per the court's list of business, the matters will be heard by Chief Justice of India (CJI) Bhushan R Gavai and justice AG Masih.
In its petition, the Delhi government contended that the NGT erred in appointing the LG as head of the waste management panel, arguing that there was 'no statutory or constitutional power conferred on the LG to act independent of the elected government'.Further, it was argued that matters relating to solid waste management are issues of public health and sanitation, on which the elected government alone has capacity to take decisions and L-G must act on aid and advice of the Delhi government.
The top court had issued notice in August 2023 to examine the impact of the Government of National Capital Territory of Delhi (Amendment) Act, 2023 on the matter. Act was introduced by the Centre soon after a Constitution bench of the Supreme Court in May 2023 which set aside a 2015 notification of the Centre asserting its control over transfers and postings of officers in departments of Delhi government.. The court held that the L-G will be bound by aid and advice of the council of ministers on these decisions.
Under Article 239AA of the Constitution, the Delhi government retains legislative power over all subjects except land, police, and public order.
Among the other petitions now sought to be withdrawn is a challenge to another NGT order, dated January 9, 2023, that made the L-G head of a high-level committee on Yamuna pollution. That order had been stayed by the Supreme Court in July 2023.
The remaining five petitions include a constitutional challenge to the GNCTD Amendment Act, 2023; a challenge to the lieutenant governor's termination of services of 437 consultants appointed by the Delhi government; the finance department's alleged non-release of sanctioned funds for the Delhi Jal Board for the financial years 2023–25; disputes over the appointment of the chairperson of the Delhi Electricity Regulatory Commission (DERC); and the release of payments to advocates appointed by AAP ministers in the high court and Supreme Court without the LG's concurrence.
One separate matter filed by the Delhi government sought a re-declaration to the LG to be bound by the aid and advice of council of ministers of NCT of Delhi. All petitions will be heard by the top court on Friday.
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