The newly elected Bharatiya Janata Party (BJP)-led Delhi government has decided to withdraw multiple court cases filed by the previous Aam Aadmi Party (AAP) administration against the lieutenant governor (LG), officials aware of the matter said, effectively marking the end of a decade-long legal feud between the two power centres in the national capital.
Since 2014, the AAP government in Delhi had been involved in a bitter tussle with the central BJP government (represented in Delhi by the LG) over control of the power structure in the Capital leading to several litigations across departments.
The new administration, led by chief minister Rekha Gupta, believes these cases have caused administrative paralysis and strained the bureaucracy, according to senior officials familiar with the government’s decision. Therefore, in the “interest of constitutional harmony”, it now wants to withdraw such cases pending in the Supreme Court, the Delhi high court and other tribunals.
On February 28, the Supreme Court allowed the Delhi government to withdraw its appeal against a high court order mandating the implementation of the Pradhan Mantri-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM), after the new administration confirmed its compliance. This marked the first reversal of an AAP-era legal challenge.
The AAP had frequently clashed with successive LGs — Najeeb Jung, Anil Baijal, and VK Saxena — over governance powers, particularly appointments, law enforcement, and administrative control. The disputes stemmed from the interpretation of Articles 239 and 239AA of the Constitution, and the Government of National Capital Territory of Delhi Act, 1991.
A second official aware of the matter said that the Delhi government’s law department has compiled a list of “politically charged” cases, and administrative secretaries have been directed to identify those for withdrawal with approval from their respective ministries.
“A compliance report will be submitted by each department in 15 days,” the official cited above added.
The legal battles between the previous administration and LG covered issues such as the implementation of the Ayushman Bharat scheme, formation of LG-led high-powered committees on Yamuna cleaning and waste management, MCD elections, appointments to the Delhi Electricity Regulatory Commission, legal representation in Delhi riots cases, and teacher training programmes abroad.
“Most of these disputes are centred around the division of the power and authority in Delhi. The AAP government and central government-appointed LGs have differed in their views on the matter due to the unique status of Delhi… Such cases have the potential to adversely affect the relations of the Delhi government with the Central government,” the official added.
The law and justice department, in its report, has argued that “such type of litigations not only cause hardship for the bureaucracy but also cause administrative paralysis which delays policy making and project implementations.”
“Such political litigations are a clear misuse of public money and unnecessary revenue burden on the public exchequer. Such frivolous cases also burden courts which are already overburdened,” the note, seen by HT, said.
“In the interest of constitutional harmony with the central government and the LG, it is proposed in the public interest that all such cases… be withdrawn by filing appropriate applications,” it added.
LG Saxena had repeatedly accused the previous AAP government of “obstructing projects for political reasons”.
At an MoU-signing ceremony between the Inland Waterways Authority and the Delhi government, he said the previous administration had “completely negated” the initiative. He also cited an attempt to measure the Yamuna’s depth using the Indian Navy, which AAP allegedly stalled with a Supreme Court plea.
During the inaugural address to the first assembly session on February 25, LG Saxena indirectly hit out at the previous AAP government. “My government believes that the politics of constant confrontation and blame game in the last 10 years has harmed Delhi. By completely abandoning this unwanted situation, my government will work in coordination and cooperation with the Centre and other states on the basis of the principles of ‘cooperative and competitive federalism’ laid out by Prime Minister Narendra Modi,” the LG had said.
[AAP reaction here]
Leave a Reply