Setback for AAP Govt; HC says LG is Delhi administrative head

August 4, 2016

New Delhi, Aug 4: In a huge setback for the Arvind Kejriwal Government, the Delhi High Court today held that the LG is the administrative head of National Capital Territory and the AAP Government's contention that he is bound to act on the advice of Council of Ministers was "without substance".

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The decision comes after months-long turf war between LG Najeeb Jung and Kejriwal for the reins of Delhi.

A bench of Chief Justice G Rohini and Justice Jayant Nath dismissed AAP Government's plea challenging the Centre's May 21, 2015, notification giving absolute powers to LG in appointing bureaucrats in the national capital.

The court also quashed several notifications issued by Kejriwal after returning to power last year, saying they were illegal as they were issued without concurrence of LG.

The bench, in its 194-page judgement, said the AAP Government's contention that the LG is bound to act on the aid and advice of Council of Ministers was "without substance and cannot be accepted".

After pronouncement of the verdict, the Delhi Government's senior standing counsel Rahul Mehra said they will immediately file a Special Leave Petition against the judgement in the Supreme Court.

While pronouncing the verdict, the high court said the Centre's May 21, 2015, notification barring Delhi Government's Anti-Corruption Branch from proceeding against Central Government employees is neither illegal nor unsustainable.

It also said service matters fall outside the jurisdiction of Delhi Legislative Assembly and the LG exercising the powers in such matter is "not unconstitutional".

The bench held as illegal AAP government's order appointing Commission of Inquiry in the CNG fitness scam and Delhi and District Cricket Association scam since the same was issued without concurrence of LG.

The court said the appointment of Nominee Directors of Delhi Government on Board of BSES Rajdhani Power Ltd, BSES Yamuna Power Ltd and Tata Power Delhi Distribution Ltd by the Delhi Power Company Ltd, on the basis of recommendations of the Delhi Chief Minister without communicating the decision to the LG for his views, is "illegal".

"The proceedings of the Government of NCT of Delhi, Department of Power... dated June 12, 2015 issuing policy directions to the Delhi Electricity Regulatory Commission regarding disruption in electricity supply to consumers and compensation payable in respect thereof are illegal and unconstitutional since such policy directions cannot be issued without communicating to the LG of NCT of Delhi for his views," the bench said.

The court, however, said though the LG is competent to appoint Special Public Prosecutor under Section 24(8) of CrPC, such power has to be exercised on the aid and advice of the Council of Ministers in terms of Clause (4) of Article 239AA of the Constitution.

The court had earlier reserved its verdict on various aspects including interpretation of Article 239AA of the Constitution which relates to special provisions with respect to Delhi.
The judgement was reserved on nine separate pleas, including those which have sought quashing of the May 21, 2015 order of the Centre barring the ACB from proceeding against any staff under the Centre's control.

The issues involved the petitions include CNG fitness scam, DDCA scam and revision of circle rate.

The AAP government on May 28 last year had moved the high court, a day after the Centre had approached the Supreme Court challenging an order of the high court which had termed as "suspect" the Union Home Ministry's notification barring the city government's ACB from acting against its officers in criminal offences.

The Delhi government had argued that in a democratic set up there cannot be two reporting authorities -- the LG and the Chief Minister.

The AAP government has also sought quashing of July 23, 2014 notification, issued by MHA at a time when Delhi did not have an elected government and was under direct rule of the Centre, restricting the executive power of GNCTD acting through ACB to investigate officers and employees of the city government only.

Nine petitions arising out of the spat between the LG and the Delhi government, were heard together by the bench headed by the Chief Justice, which concluded hearing arguments in May this year.

During the hearing, the Centre had told the court that Delhi remained in its control as it was not a full-fledged state.

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News Network
December 16,2025

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The deletion of over 58 lakh names from West Bengal’s draft electoral rolls following a Special Intensive Revision (SIR) has sparked widespread concern and is likely to deepen political tensions in the poll-bound state.

According to the Election Commission, the revision exercise has identified 24 lakh voters as deceased, 19 lakh as relocated, 12 lakh as missing, and 1.3 lakh as duplicate entries. The draft list, published after the completion of the first phase of SIR, aims to remove errors and duplication from the electoral rolls.

However, the scale of deletions has raised fears that a large number of eligible voters may have been wrongly excluded. The Election Commission has said that individuals whose names are missing can file objections and seek corrections. The final voter list is scheduled to be published in February next year, after which the Assembly election announcement is expected. Notably, the last Special Intensive Revision in Bengal was conducted in 2002.

The development has intensified the political row over the SIR process. Chief Minister Mamata Banerjee and her Trinamool Congress have strongly opposed the exercise, accusing the Centre and the Election Commission of attempting to disenfranchise lakhs of voters ahead of the elections.

Addressing a rally in Krishnanagar earlier this month, Banerjee urged people to protest if their names were removed from the voter list, alleging intimidation during elections and warning of serious consequences if voting rights were taken away.

The BJP, meanwhile, has defended the revision and accused the Trinamool Congress of politicising the issue to protect what it claims is an illegal voter base. Leader of the Opposition Suvendu Adhikari alleged that the ruling party fears losing power due to the removal of deceased, fake, and illegal voters.

The controversy comes amid earlier allegations by the Trinamool Congress that excessive work pressure during the SIR led to the deaths by suicide of some Booth Level Officers (BLOs), for which the party blamed the Election Commission. With the draft list now out, another round of political confrontation appears imminent.

As objections begin to be filed, the focus will be on whether the correction mechanism is accessible, transparent, and timely—critical factors in ensuring that no eligible voter is denied their democratic right ahead of a crucial election.

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News Network
December 13,2025

New Delhi: School-going children are picking up drug and smoking habits and engaging in consumption of alcohol, with the average age of introduction to such harmful substances found to be around 13 years, suggesting a need for earlier interventions as early as primary school, a multi-city survey by AIIMS-Delhi said.

The findings also showed substance use increased in higher grades, with grade XI/XII students two times more likely to report use of substances when compared with grade VIII students. This emphasised the importance of continued prevention and intervention through middle and high school.

The study led by Dr Anju Dhawan of AIIMS's National Drug Dependence Treatment Centre, published in the National Medical Journal of India this month, looks at adolescent substance use across diverse regions.

The survey included 5,920 students from classes 8, 9, 11 and 12 in urban government, private and rural schools across 10 cities -- Bengaluru, Chandigarh, Delhi, Dibrugarh, Hyderabad, Imphal, Jammu, Lucknow, Mumbai, and Ranchi. The data were collected between May 2018 and June 2019.

The average age of initiation for any substance was 12.9 (2.8) years. It was lowest for inhalants (11.3 years) followed by heroin (12.3 years) and opioid pharmaceuticals (without prescription; 12.5 years).

Overall, 15.1 per cent of participants reported lifetime use, 10.3 per cent reported past year use, and 7.2 per cent reported use in the past month of any substance, the study found.

The most common substances used in the past year, after tobacco (4 per cent) and alcohol (3.8 per cent), were opioids (2.8 per cent), followed by cannabis (2 per cent) and inhalants (1.9 per cent). Use of non-prescribed pharmaceutical opioids was most common among opioid users (90.2 per cent).

On being asked, 'Do you think this substance is easily available for a person of your age' separately for each substance category, nearly half the students (46.3 per cent) endorsed that tobacco products and more than one-third of the students (36.5 per cent) agreed that a person of their age can easily procure alcohol products.

Similarly, for Bhang (21.9 per cent), ganja/charas (16.1 per cent), inhalants (15.2 per cent), sedatives (13.7 per cent), opium and heroin (10 per cent each), the students endorsed that these can be easily procured.

About 95 per cent of the children, irrespective of their grade, agreed with the statement that 'drug use is harmful'.

The rates of substance use (any) among boys were significantly higher than those of girls for substance use (ever), use in the past year and use in the past 30 days. Compared to grade VIII students, grade IX students were more likely, and grade XI/XII students were twice as likely to have used any substance (ever).

The likelihood of past-year use of any substance was also higher for grade IX students and for grade XI/XII students as compared to grade VIII students.

About 40 per cent of students mentioned that they had a family member who used tobacco or alcohol each. The use of cannabis (any product) and opioid (any product) by a family member was reported by 8.2 per cent and 3.9 per cent of students, respectively, while the use of other substances, such as inhalants/sedatives by family was 2-3 per cent, the study found.

A relatively smaller percentage of students reported use of tobacco or alcohol among peers as compared to among family members, while a higher percentage reported inhalants, sedatives, cannabis or opioid use among peers.

Children using substances (past year) compared to non-users reported significantly higher any substance use by their family members and peers.

There were 25.7 per cent students who replied 'yes' to the question 'conflicts/fights often occur in your family'. Most students also replied affirmatively to 'family members are aware of how their time is being spent' and 'damily members are aware of with whom they spend their time'.

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