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Supreme

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In a huge setback to the Arvind Kejriwal 's Delhi government, a two-judge bench of the Supreme Court today referred its demand for power over control of the Delhi bureaucracy to a three-judge bench. The issue had sparked off a major standoff between the Delhi government and the L-G. The Delhi government also did not get the power to go after central government officers on corruption issues.The Supreme Court delivered a split verdict on a batch of petitions challenging various notifications including on control of services and power of Anti-Corruption Bureau (ACB). The court decided on the six issues and four out of these issues were ruled in favour of Centre, while Delhi government got power to rule only on electricity and revenue issues.However, the bench of two judges -- Justices A K Sikri and Ashok Bhushan -- didn't agree on the contentious point on who can transfer officers posted in Delhi and referred the issue to a three-judge bench for a definitive ruling.Justices AK Sikri and Ashok Bhushan differed only on this issue, which has been a major bone of contention between the Centre and the Kejriwal government.The court asked the council of ministers to send files to L-G to take a view on it. The court counseled the LG to respect the council of ministers decision and only refer very exceptional issues to the President to take a final call on their difference of opinion.Reading the judgement, Justice Sikri said that the Anti Corruption Bureau will be under control of L-G and that Delhi government has no police powers. "Delhi anti-corruption bureau cannot probe central government officials," Justice Sikri said."In case of difference between L-G and council of ministers president will take a call. Council of ministers will send files to LG who will normally repeat their views. Can differ only in exceptional circumstances," he said.Power to appoint public prosecutor also lies with Delhi Govt.Chief Minister Arvind Kejriwal had been at loggerheads with incumbent L-G Anil Baijal and his predecessor Najeeb Jung. Kejriwal had accused both of them of preventing the functioning of his government at the behest of the BJP-led central government.The bench had on November 1 last year reserved its verdict on the petitions challenging the notifications issued by the Centre and the Delhi government.During the hearings, the Centre had told the apexthat the Lieutenant Governor (LG) has the power to regulatein Delhi.The powers are delegated to the administrator of Delhi and thecan be administered through him, it had said.The Centre also said that unless the President of India expressly directs, the LG, who is the administrator of Delhi, cannot consult the Chief Minister or the Council of Ministers.On October 4, last year, the Delhi government had told the apexthat it wanted its petitions relating to governance of the national capital be heard soon as it did not want "stalemate to continue in administration".The Delhi government had told the topthat it wanted to know where it stands with regard to the administration in view of the Constitution bench verdict of apexon July 4.The five-judge bench had on July 4, last year laid down broad parameters for governance of the national capital, which has witnessed a power struggle between the Centre and the Delhi government since the Aam Aadmi Party came to power in 2014.In the landmark verdict, it had unanimously held that Delhi cannot be accorded the status of a state but clipped the powers of the Lieutenant Governor (LG), saying he has no "independent decision making power" and has to act on the aid and advice of the elected government.On September 19, last year, the Centre had told the apexthat administration of Delhi cannot be left to the Delhi government alone and emphasised that it has an "extraordinary" position by virtue of being the country's capital.The Centre had toldthat a five-judge constitution bench of the apexhad categorically held that Delhi cannot be accorded the status of a state.The Centre had contended that one of the basic issues was that whether the Government of National Capital Territory of Delhi (GNCTD) has the legislative and executive powers so far as '' were concerned."Delhi has an extraordinary position as it is the capital of the country," it had said.It said that the national capital houses several institutions of vital importance like Parliament and theand foreign diplomats also resides here.(Inputs from PTI)