Bench to pronounce verdict on Centre-Delhi government dispute (File photo/ Reuters)
The Court held that the Center has executive powers over only three entries in List II – public order, land and police
A five-judge Constitution bench of the Supreme Court in a unanimous verdict on the dispute between the Center and the Delhi government over control of services in the national capital said that the elected government in the national capital should have control over the bureaucrats in the administration. of services except in areas outside the legislative powers of the NCT.
A five-judge bench headed by Chief Justice of India DY Chandrachud said the LG is bound by the aid and advice of the NCT government, except in matters relating to land, public order and police.
The top court said that the principle of democracy and federalism is a part of the basic structure and federalism ensures the existence of diverse interests and accommodates diverse needs.
The apex court also said that the Delhi government has legislative power over “services” except public order, police and land.
The bench said that if “services” are kept out of the legislative and executive domain, ministers would be excluded from controlling civil servants who have to implement executive decisions.
The bench said that the assembly of Delhi epitomizes the principle of representative democracy. It states that they are elected members and Article 239AA should be interpreted in a manner to further the interest of representative democracy.
A bench headed by Chief Justice DY Chandrachud and also comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha passed its order on January 18 after hearing the arguments of Solicitor General Tushar Mehta and the Center and senior advocate AM Singhvi. Kept it safe. Delhi government respectively for about four and a half days.
The top court said it did not agree with Justice Ashok Bhushan’s view that the Delhi government had no right over the services.
A two-judge bench of Justices AK Sikri and Ashok Bhushan had given a split verdict on the issue in 2019. While Justice Bhushan had ruled that the Delhi government had no power over administrative services, Justice Sikri made a distinction.
Delhi LG Vs AAP Govt Row
The Supreme Court has been tasked with resolving the ongoing dispute between the Aam Aadmi Party (AAP)-led government and Lieutenant Governor (LG) Vinay Kumar Saxena over national services under the jurisdiction of the elected governments at the Center and Delhi. related to control. Capital.
The Constitution Bench was set up to hear legal issues relating to the scope of legislative and executive powers of the Center and the Government of the National Capital Territory of Delhi on regulation of services in Delhi.
Following a request from the central government, a three-judge bench in May 2021 referred the issue of control of services in Delhi to a five-judge constitution bench on May 6 last year.
The petition filed by the Delhi government stems from a split judgment dated February 14, 2019, in which a two-judge bench of justices AK Sikri and Ashok Bhushan, both now retired, had recommended to the CJI that a three-judge bench The bench constituted to finally decide the issue of control of services in the national capital.
Justice Bhushan had ruled that the Delhi government had no power over administrative services, while Justice Sikri had made a distinction. He had said that transfer or posting of officers in top bureaucratic posts (Joint Director and above) can only be done by the Center and the Lt Governor’s view will prevail in case of difference of opinion on matters relating to other bureaucrats.
In a 2018 judgement, a five-judge constitution bench had unanimously held that the Delhi LG is bound to aid and advise the elected government, and the two need to work in tandem with each other.
Ever since the AAP assumed power in Delhi in 2014, there has been a continuous power struggle between the Center and the Delhi government amid vocal actions from both sides.
(with inputs from agencies,