Today, a five-judge constitution bench of the Supreme Court gave its important verdict on the dispute between the Delhi government and the Centre. In which the court said that the Delhi government has the same power as the Delhi Assembly. The Government of Delhi has legislative and executive authority over the services. Also, the Supreme Court said that we do not agree with Justice Ashok Bhushan’s decision in 2019.
Notably, in 2019, Justice Bhushan ruled entirely in favor of the Centre. Chief Justice D.Y. Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha. The Supreme Court has given a unanimous verdict on the Delhi government’s petition regarding control over administrative services.
Power to transfer officers vested in Govt: SC
While giving the verdict, the Supreme Court said that like any other assembly, the members of the Delhi Assembly are also directly elected by the public. Respect for the democratic and federal structure must be ensured. However, the court noted that Article 239AA gives several powers to the Delhi Assembly, but a balance has to be struck with the Centre. The Parliament also has authority over the affairs of Delhi.
The elected government should be empowered – Supreme Court
The lieutenant governor has executive powers over matters not within the purview of the legislature. In a democracy, the elected government should have power. If the state government does not control the officers posted in its service, then they will not listen to them. It may be noted that the Delhi government had also given the same argument in the court.
The constitution bench said that the ideal situation would be that the Delhi government should exercise control over the officers, unless the legislature has the authority. We would like to reiterate that the Lieutenant Governor will act on the advice and assistance of the Government of Delhi. This also includes services.
It is said here that the Delhi Assembly has no authority in the matter of police, law and order and land. That is, apart from this matter, the Delhi government will have control over the officers of other departments as well.