New Delhi: The Supreme Court on Thursday emphasised the need to permanently resolve the ongoing disputes between the Delhi lieutenant governor (LG) and the Delhi government.
This remark came as the Court closed a petition filed by the Delhi government concerning the operationalisation of the Farishtey scheme, which provides cashless treatment to road accident victims.
A bench comprising Justice Bhushan R Gavai and Justice KV Viswanathan allowed the petition to be withdrawn after senior advocate Shadan Farasat informed the Court that payments under the scheme had been released following the Court’s notice in December 2023.
While granting permission to withdraw the petition, the bench remarked, “Once and for all, the disputes between the LG and you (Delhi government) should end!”
Farasat highlighted that the disputes between the LG and the Aam Aadmi Party (AAP)-led Delhi government stem from control over “services.”
A Constitution bench of the Supreme Court ruled on May 11, 2023, in favour of the Delhi government controlling the transfers and postings of officers in the Capital. However, within a week, the Centre issued an ordinance, later converted into a law, which restored control over services to the Centre.
This new law, which amended the Government of National Capital Territory of Delhi (GNCTD) Act, 1991, has been challenged by the AAP government in the Supreme Court and is currently pending consideration before a constitutional bench.
Farasat stated that the resolution of this constitutional challenge would provide clarity. Meanwhile, reimbursements under the Farishtey scheme amounting to ₹29 crore have been received since the petition was filed in 2023.
This is not the first time the Court has commented on the strained relationship between the Delhi government and the LG.
LG VK Saxena and the AAP-led Delhi government have clashed over several issues, including the demolition of “religious structures,” cutting of trees near Chhattarpur, appointment of bus marshals, the Capital’s law and order, cleaning of the Yamuna, and implementation of programs like the Sanjeevani and Mahila Samman schemes.
Additionally, the LG has approved investigations into several allegations against the Delhi government, including the excise policy case, redevelopment expenses of the former CM’s house, and irregularities in hospital developments.
The Farishtey scheme, introduced in February 2018, provides free treatment to road accident victims at any hospital during the critical “golden hour.” Under the scheme, the state government is responsible for reimbursing private hospitals for the treatment costs.
The Delhi government, in its petition, contended that the health department falls under its jurisdiction. However, with the enactment of the GNCTD (Amendment) Act, 2023, the LG now oversees appointments and transfers within the department.
In December 2023, while issuing notice in the case, the Court remarked, “We don’t understand why one wing of the government is fighting with another wing.”
