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SC rules in favour of Delhi govt, says it has control over bureaucrats
A five-judge bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud said all services other than those related to law and order and land are with the elected government
The lieutenant governor (LG) is bound by the advice of the elected government in everything other than public order, police, and land, a Supreme Court constitution bench said on Thursday as its delivered its verdict over the power tussle between the Centre and the Delhi government over the control of bureaucrats in the national capital.
The five-judge bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud said it is ideal to hold that a 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 legislature and the public is diluted. if an officer is not responding to government the collective responsibility is diluted.. if officers feel they are insulated to the elected government, they feel they are not accountable.”
The CJI delivered the judgment on behalf of the bench which also comprised justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha.
He said LG shall exercise powers under the administrative role as entrusted by the president. “...executive administration can only extend to the matters which falls outside legislative assembly but is limited to the powers entrusted by the president and it cannot mean administration over entire NCTD [National Capital Territory of Delhi]... otherwise the purpose of having a separately elected body in Delhi will be rendered futile.”
The case involved the continuation of a dispute that two smaller benches failed to resolve — who controls the Capital’s bureaucrat, the LG or the elected government?
In May 2022, when it referred the matter to a five-judge bench, the court clarified that the bench shall adjudicate the limited issue relating to ‘services’ in Delhi and that no other substantial issue on interpretation of Article 239AA shall be adjudicated afresh.
Article 239AA delineates the legislative and executive powers of the Delhi government while clarifying that three subjects, namely land, police, and public order, shall remain under the exclusive domain of the Centre in the capital.
The Centre pleaded for a fresh adjudication by a Constitution bench to set the boundaries of the Aam Aadmi Party (AAP) government in Delhi in so far as it relates to the transfer and appointment of bureaucrats in the capital.
It contended that a Constitution bench judgment in July 2018 delineating the powers between the two power centres did not specifically hold that the Delhi government could make laws on all subjects other than land, police, and public order.
The AAP government countered this submission, arguing the 2018 verdict by the constitution bench is unequivocal in demarcating the powers of the Delhi government and that the submissions by the Centre are aimed at eroding the federal structure.
