New Delhi: The Supreme Court ruled Thursday that the Delhi government should have legislative and executive power over administrative services in the national capital.
In 2018, a Constitution Bench had interpreted Article 239AA of the Constitution which contains special provisions with respect to the NCT. The NCT’s peculiar status and the powers of the Delhi Legislative Assembly and their interplay were debated.
A Constitution Bench of Chief Justice D.Y. Chandrachud and Justices M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha in a unanimous judgement said the elected government would have control over all services in the national capital, except those pertaining to land, police and law and order.
“The legislative power of NCT Delhi under Entry 41 would extend to IAS and it shall control them even if they are not recruited by the NCT Delhi. However, it would not extend to the services which come under land, law and order and police. Lieutenant Governor (LG) shall be bound by the decision of NCT Delhi over services apart from land, police and law and order,” the order said.
The court explained its decision thus, “LG shall exercise powers under the administrative role as entrusted by the President. Executive administration can only extend to matters which fall outside the scope of the legislative assembly… and it cannot mean administration over the entire NCT Delhi. Otherwise, the purpose of having a separate elected body in Delhi will be rendered futile. Democratically elected government shall have control over its officers. If a democratically elected government is not allowed to control its officers and hold them to account, then its responsibility towards the legislature and public is diluted. If officers are not responding to the government, the collective responsibility is diluted. If officers feel they are insulated from the elected government, they feel they are not accountable.”
The Supreme Court said at that time that the Lieutenant General cannot act independently without the aid and advice of the Delhi government’s ministers, and was to work harmoniously with the National Capital Territory (NCT) government.
Soon after, appeals relating to individual aspects, like the services, were placed before a regular bench for adjudication based on the apex court’s order.
While pronouncing the verdict in April 2019, the two judges on the bench had differed on the issue of “services” – on whether they should be left out of the legislative and executive domain of the NCT.
The matter finally came up before the Supreme Court’s Constitution Bench on the Centre’s request – since the Union government wanted services to be excluded from the Delhi government’s control via a notification on 21 May, 2015.
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