IAS Gyan

Daily News Analysis

In bail to Pinjra Tod’s Devangana, aspects of Delhi-Centre division of powers

31st October, 2020 Polity

Context: The Supreme Court turned down an appeal by the Delhi government to reject the bail granted to activist Devangana Kalita, accused in a case related to the Delhi riots.

Does subject of prosecution come under elected government in Delhi?

  • While Delhi is not a full state, the elected government does have the power to appoint special public prosecutors.
  • The Supreme Court had in 2019 ruled that it has the legislative competence to appoint prosecutors under Article 239AA of the Constitution.

Can Lt Governor exercise his discretionary powers in appointing prosecutors in case of difference of opinion?

  • Invoking Article 239AA(4), the L-G can indeed refer to the President matters on which he fails to arrive at a consensus with the elected government.

Did the elected government challenge the L-G’s decision?

  • No, the elected government did not challenge the decision in the higher courts.
  • The Delhi government will now have to implement the order at any cost as it is mandated by the Constitution.