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.