New Delhi: The outcome of the vexed Centre-Delhi government tug of war over control of services in the national capital went in favour of Delhi government after Supreme Court gave power to the Kejriwal-led AAP government on Thursday.
A five-judge Constitution bench headed by Chief Justice D Y Chandrachud, which delivered the judgment on the day, observed that the Delhi government has control over administrative services. The Supreme Court bench also said only services under Public Order, Police and Land are excluded from the purview of the Delhi government. Lt Governor shall be bound by the decision of NCTD over services apart from land, police and law and order, Supreme Court said.
"While National Capital Territory of Delhi is not a full fledged state. It is not a state under first schedule yet it is empowered to legislate. Union has power and state too has the power but the executive power of the state will be subject to the law existing of the union. It has to be ensured that governance of states is not taken over by the Union," CJI DY Chandrachud said.
On January 18, the bench, also comprising Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha, had reserved its order after hearing the submissions of Solicitor General Tushar Mehta and senior advocate A M Singhvi for the Centre and the Delhi government respectively for almost four-and-a-half days.
The Constitution bench was set up to hear the legal issue concerning the scope of legislative and executive powers of the Centre and the National Capital Territory government over control of services in Delhi. On May 6 last year, the top court referred the issue of control of services in Delhi to a five-judge Constitution bench.
The plea moved by the Delhi government arises out of a split verdict of February 14, 2019, in which a two-judge bench of Justices AK Sikri and Ashok Bhushan, both now retired, had recommended to the CJI that a three-judge bench be set up to finally decide the issue of control of services 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 echelons of the bureaucracy (joint director and above) 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.
