Centre-Delhi Govt Row: 'What's Purpose of Having Elected Government if Bureaucrats Are Under Union,' Asks Supreme Court
The Supreme Court on Thursday questioned the purpose of having an elected government in Delhi if its administration and bureaucrats are under the control of the Central government.
New Delhi, January 12: The Supreme Court on Thursday questioned the purpose of having an elected government in Delhi if its administration and bureaucrats are under the control of the Central government. A five-judge Constitution bench headed by Chief Justice of India DY Chandrachud said that if everything is at the beck and call of the Central government, then what is the use of an elected government?
The remarks of the apex court came when Solicitor General Tushar Mehta, appearing for the Centre, said that a Union Territory (UT) like Delhi is an extension of the Union, administered by the Union through its own officers. He said that the Constitution has never contemplated a separate service cadre for Union Territories, which are a mere extension of the Union of India, and persons working in the UTs are working in services and posts in connection with the affairs of the Union. Delhi Vs Centre: Government Can't Function if It Doesn't Have Control over Services, Delhi Govt Tells SC.
The Centre said the working and functioning of the government in the capital affects the nation as a whole. The top court has to decide the legal issue concerning the scope of legislative and executive powers of the Centre and Delhi government over control of services in the national capital. The case was posted before a Constitution bench after a three-judge bench had in May last year decided to send it to a larger bench on a request by the Central government. Delhi Air Pollution: Centre, States Can Decide on Permitting Work From Home for Government Employees, Says Air Quality Panel.
On February 14, 2019, a two-judge Bench of the top court had delivered a split verdict on the question of powers of the GNCTD and Union government over services and referred the matter to a three-judge Bench. Justice Ashok Bhushan had ruled that the Delhi government has no power at all over administrative services. Justice AK Sikri, however, had said the transfer or posting of officers in top echelons of the bureaucracy (joint director and above) can only be done by the Central government and the view of the lieutenant governor would prevail in case of a difference of opinion for matters relating to other bureaucrats.
The two-judge bench, which was hearing pleas on six matters pertaining to a long-running conflict between the Centre and the Delhi government, had given a unanimous order on the remaining five issues except for the control over services. Governance of the national capital has witnessed a power struggle between the Centre and the Delhi government since the Aam Aadmi Party (AAP) came to power in 2014.
Prior to February 2019 judgement, a five-judge constitution bench of the Supreme Court had on July 4, 2018, laid down the broad parameters for governance of the national capital. In the landmark verdict, it had unanimously held that Delhi cannot be accorded the status of a state but clipped the powers of the LG saying he has no "independent decision-making power" and has to act on the aid and advice of the elected government.
It had restricted the jurisdiction of the LG to matters pertaining to land, police and public order and on all other matters, it held that the LG would have to act on the aid and advice of the council of ministers.
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