NEW DELHI (PTI): Delhi-Centre Row; In a major win for the Arvind Kejriwal led Delhi government, the Supreme Court (SC) on Thursday ruled that the elected government has legislative and executive powers over services. The bench in its unanimous verdict held that the Lieutenant Governor shall be bound by the decision of Delhi government over services, excluding public order, police and land.
The five-judge Constitution bench of the Chief Justice of India D.Y. Chandrachud, Justices M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha pronounced the verdict on the dispute over the control of administrative services in Delhi.
“The executive power of union in a state over matters on which both union and states can legislate is limited to ensure that governance of state is not taken over by the union. This would completely abrogate the federal system of governance and the principle of representative democracy,” said CJI, reported Live Law.
“NCTD is a UT, it remains a federal entity,” CJI pointed out. “It has to be ensured that governance of states is not taken over by the union.”
In a democratic form of government, the real power of administration must rest on the elected arm of the government, said CJI, reported Live Law.
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If a democratically elected government is not given the power to control the officers, the principle of triple chain of accountability will be redundant, reported Live Law.
It was following a split verdict of February 14, 2019 by a two-judge bench that the recommendation was made for a larger bench to decide on the issue in the national capital.
Justice Bhushan had ruled that the Delhi government had no power at all over administrative services, while Justice Sikri had made a distinction. He had said the transfer or posting of officers in the top bureaucrats can only be done by the Centre and the lieutenant governor’s view will prevail in case of a difference of opinion on matters related to other bureaucrats.
However, the SC bench held that it does not agree with Justice Bhushan’s judgment. “Delhi assembly is given powers to legislate to represent the will of the people,” said CJI.
The legislative assembly of National Capital Territory of Delhi (NCTD) embodies the principle of representative democracy, the SC bench pointed out. “They are elected members. Article 239AA must be interpreted in a manner to further the interest of representative democracy,” said CJI.
In a 2018 judgment, a five-judge Constitution bench had unanimously held that the Delhi LG was bound by the aid and advice of the elected government, and both needed to work harmoniously with each other.
AAP hails SC verdict
The AAP government on Thursday hailed the SC’s verdict on the Centre-Delhi row. CM Kejriwal termed the verdict as “victory of democracy”.
“The elected government will have the power of transfer-posting of officers. Officers will work only through the elected government,” tweeted AAP in hindi.
“Satyamev Jayate. Delhi wins. Hon’ble Supreme Court’s landmark judgment sends a stern message that officers working with the government of Delhi are meant to serve (the) people of Delhi through the elected government and not unelected usurpers parachuted by Centre to stall governance, namely LG,” AAP MP Raghav Chadha tweeted.
