The Supreme Court on Thursday underlined the necessity to bring an end to the continuing squabbles between the LG and the Delhi government and wants a permanent resolution “once and for all.” The remarks surfaced after the court dismissed a petition pertaining to certain operationalization of the Farishtey scheme that offers cashless treatment to road accident victims.
A two-judge Bench comprising Justices Bhushan R Gavai and KV Viswanth delivered the judgment allowing the Delhi Government to withdraw the petition after senior Advocate Shadan Farasat briefed the court that a refund under this scheme was made as soon as the Court took note of it in Dec 2023. Farasat added that the main conflict between the LG and the AAP government is about who has authority over the administrative services.
In May 2023, the constitution bench of the apex court gave the Delhi government the power to decide the transfer and posting of officers by a 4 to 1 majority. The Union government has come out strongly on the issue and passed an ordinance to reverse the decision. The following law greatly modified the Government of National Capital Territory of Delhi (GNCTD) Act, 1991, to reinstate the Union government’s jurisdiction over services. This move was opposed by the AAP government and is still sub judice before the Supreme Court.
Farasat also hoped that once the question in appeal is answered, then a better understanding of the case would emerge. He also informed that up to ₹29 crore have been received from the reimbursements under the Farishtey scheme.
It said, “It is unfortunate that one arm of government is at war with another arm of government” in its notice dated 20 December 2023. The Farishtey scheme is an example of the broader struggle for administrative power, a conflict which continues to influence the functioning of the national capital. The resolution of the current constitutional challenge is likely to come from the Supreme Court, which could put an end to the repetitive controversies.
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