Supreme Court Allows Delhi Government to Withdraw AAP-Era Petitions Against Centre and LG, Including Services Act Challenge
- PRABAHAT KUMAR BILTORIA
- 26 May 2025
The Supreme Court of India permits the Delhi Government to withdraw seven key petitions filed by the previous AAP-led administration, including one challenging the controversial Services Act. Learn the legal, political, and administrative implications of this major development.
Supreme Court Allows Delhi Government to Withdraw AAP-Era Petitions Against Centre and Lieutenant Governor
On May 23, 2024, the Supreme Court of India granted permission to the newly formed Delhi Government to retract seven petitions filed during the tenure of the previous Aam Aadmi Party (AAP)-led administration. These petitions were directed against the Union Government and the Lieutenant Governor of Delhi over administrative powers and the controversial Services Act.
Chief Justice B. R. Gavai and Justice Masih Preside Over Plea Withdrawals
The bench, headed by Chief Justice B. R. Gavai and including Justice Augustine George Masih, approved the plea withdrawals. Additional Solicitor General (ASG) Aishwarya Bhati, representing the Delhi Government, informed the court that the newly elected government chose to drop the cases, stating: “These matters should no longer trouble this court.”
Background: AAP Government’s Legal Battle Over Administrative Control
The previous AAP government had filed seven petitions focusing on key governance matters, including:
- Oversight of administrative services in Delhi
- The role and authority of the Lieutenant Governor in key committees
- Legal challenges to the Centre’s amendments to the services law
Impact of the 2023 Constitution Bench Ruling
In May 2023, a Constitution Bench led by then Chief Justice D. Y. Chandrachud ruled that the National Capital Territory of Delhi holds legislative and executive authority over administrative services—excluding areas like public order, police, and land.
Centre Responds With Ordinance and Amendment Act
Following the ruling, the Union Government issued the Government of National Capital Territory (Amendment) Ordinance 2023 to dilute the verdict’s impact. In August 2023, Parliament passed the Amendment Act 2023, officially replacing the Ordinance.
Key Petitions Withdrawn by the Delhi Government
Among the seven petitions now withdrawn, significant cases included:
1. A challenge to the 2023 Amendment Act.
2. An appeal against a National Green Tribunal (NGT) order appointing the Lieutenant Governor as the Head of the Solid Waste Monitoring Committee.
3. A writ petition by the GNCTD accusing its own Finance Department of withholding legislatively approved funds for the Delhi Jal Board.
Conclusion: A Turning Point in Delhi’s Administrative Legal Battle
The Supreme Court’s decision to allow the withdrawal of key petitions marks a significant political and legal development for Delhi. With the new government choosing not to pursue the cases filed by its predecessor, it signals a shift in strategy regarding the ongoing tug-of-war between the Central Government and the Delhi Government. While the contentious issues around administrative control and the Services Act remain in the spotlight, this move may pave the way for a more collaborative governance model or, conversely, spark new legal and political debates in the future.
