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Polity & Governance
Mahesh

13/05/23 06:48 AM IST

Supreme Court Rules in Favour of Delhi Govt in Tussle with Centre

In News
  • The Supreme Court ruled unanimously in favour of Delhi government on the issue of who controls the bureaucracy in the national capital.
Background
  • A five-judge Constitution Bench of the Supreme Court was hearing the dispute between the Delhi government and the Central government.
  • The dispute was over matters pertaining to control over the transfers and the overall functioning of administrative services in the National Capital Territory (NCT) of Delhi.
  • The administrative services include appointments and transfers, in the national capital.
About the dispute
  • Article 239 AA was inserted in the Constitution by the 69th Constitutional Amendment Act, 1991.
  • Based on the recommendations of S Balakrishnan Committee, it gave special status to Delhi.
  • It says that the National Capital Territory (NCT) of Delhi will have an Administrator and a Legislative Assembly.
  • The Legislative Assembly “shall have power to make laws for the whole or any part of the NCT w.r.t. any of the matters in the State List or Concurrent List in so far as any such matter is applicable to Union territories”.
  • However, the legislative assembly of Delhi cannot legislate on the following three subjects – Police, Public Order, and Land.
  • However, in the past few years, governance in the NCT has often been a subject of conflict between the Delhi government and the L-G.
About the judgement
  • A five-judge bench of the Supreme Court has ruled unanimously in favour of the Delhi government on the issue of who controls the bureaucracy in the national capital.
  • Earlier, it was the Lieutenant-Governor, Chief Secretary and the Secretary of the Services Department who took a call on these issues.
  • The Court held that the legislature has control over bureaucrats in administration of services, except in areas outside the legislative powers of the National Capital Territory (NCT).
  • According to the Supreme Court, the Delhi government, much like other States, represents the representative form of government and any further expansion of the Union's power will be contrary to the Constitutional scheme.
  • The Court pointed out that if officers stop reporting to ministers or do not follow their instructions, the principle of collective responsibility will be affected.
Limitations
  • However, the Court added that control over services would not extend to entries related to public order, police and land.
  • Also, the decision on which IAS officer gets posted to the national capital — and for how long — will continue to be the Centre’s prerogative.
  • Also, the Central government will continue to, appoint the Chief Secretary of Delhi, with consultations with the Chief Minister which, as per tradition, is more or less a formality.
Constitution bench
  • Article 145(3) deals with the setting up of a Constitution Bench of the Supreme Court comprising at least five judges “for the purpose of deciding any case involving a substantial question of law as to the interpretation” of the Constitution.
  • This is the second time that a constitutional bench has been set up to decide on issues between the Delhi government and Delhi’s Lieutenant Governor — the Centre’s representative in the capital — in the past four years.
Source- Indian Express

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