Article 131 of the Constitution says the Supreme Court can decide on disputes between the Centre and a state.
After repeatedly blaming the Centre and even Prime Minister Narendra Modi for not allowing the Delhi government to function, the Arvind Kejriwal government has approached the Supreme Court asking it to decide on the separation of powers between the two under Article 131 of the Constitution.
The AAP-led Delhi government moved court yesterday urging the Supreme Court to intervene in the turf war which it said is causing 'undue hardship' to the citizens of the national capital.
"Several disputes have arisen between the Union of India and the Delhi government in the recent past, over various facets of the administration of the National Capital Territory (NCT) of Delhi. From the appointment of public prosecutors, to the setting up of commissions of inquiry to look into instances of corruption and maladministration by public servants, the Union, acting through the Lieutenant Governor, has opposed most executive decisions taken by the Government of NCT of Delhi," the Delhi government has contended.
Alleging that the Centre was 'encroaching' on the executive powers of the Delhi government, the Kejriwal goverbment has sought "a declaration of the constitutional relationship between the Central Government and NCT of Delhi as set out in Article 239AA of the Constitution."
Several of the orders of Delhi Government such as increasing the salaries of DANICS officers have been declared null and void by the Lieutenant Governor on the grounds that the Delhi Government has no power to increase salaries of its staff.
The Anti-Corruption Branch, Delhi has been restrained from registering cases against employees of the Central government for corruption. Commissions of Enquiry set up under the Commissions of Enquiry Act, 1952 have also not been allowed to function on the ground that they have not been notified by the Lieutenant Governor.