Recent events
Delhi Court Battle: Regarding the control over administrative services in the national capital on March 3, 2022, The Hon’ble Supreme Court on 15/02/2022 agreed to list the legal dispute between the Delhi Government and the Central Government.
Before the Bench of Chief Justice of India NV Ramana and Justices AS Bopanna and Hima Kohli, Arvind Kejriwal, through Senior Advocate Dr. Abhishek Manu Singhvi, made an urgent plea.
He seeks a listing of the plea. Monday next week, the Bench agreed to list the matter.
The issue raised by the Delhi government is that the Central government excluded the elected government of Delhi from exercising any administrative control over the officers.
This is the cause that officers continue to act on the orders of the Centre through the Lieutenant Governor (LG).
Previously
On April 14, 2019, The Hon’ble Supreme Court
https://www.barandbench.com/news/lt-governor-v-nct-delhi-supreme-court
pronounced its verdict on various individual aspects relating to the vigorous struggle between the Delhi government and the LG. Supreme Court pronounced its judgment on various unique factors relating to the vigorous battle between the Delhi government and the LG.vigorous struggle between the Delhi government and the LG.
However, on the issue of ‘services’ under Schedule VII, List II, Entry 41 of the Constitution of India, the two judges on the Bench – Justices AK Sikri and Ashok Bhushan – had differed.
As per the notification of the Government of India dated May 21, 2015, the issue considered by the Court was whether the exclusion of “services” relatable to Entry 41 of List II of the 7th Schedule from the legislative and executive domain is unconstitutional and illegal.
That aspect was referred to a larger Bench because the judges on the Bench differed in their opinion.
A Constitution Bench of the Supreme Court in its interpretation for Article 239AA of the Constitution, in 2018, contains special provisions concerning the National Capital Territory.
The powers of the Delhi Legislative Assembly and peculiar status of the NCT and the LG and their role were debated.
In that judgment, the Court had ruled that the LG can’t act independently without the aid and advice of the Council of Ministers.
The Court Proceedings
A two-judge bench of the Supreme Court in February 2019 had delivered a split judgment on the question of powers of Union Government and the GNCTD over services and forwarded the issue to a three-judge bench.
On March 3, CJI NV Ramana consented to list the matter for hearing. Also, the case was mentioned for urgent hearing in October last year, after Dussehra Vacations, upon which the CJI agreed to list the same.
A bench of Justices A K Sikri and Ashok Bhushan (both retired) gave the verdict on the issue of who shall hold the powers to appoint and transfer officers under Entry 41, List II of the Constitution of India in respect of State Public Services.
The transfers and posting of officers of and above the rank of Joint Secretary will be under the powers of Lieutenant General of Delhi pronounced by Justice Sikri, and thereafter, other officers are under the control of Delhi Govt.
On the other hand, Justice Bhushan said that services were entirely beyond the scope of the Delhi Government.
A five-judge bench of the Supreme Court in July 2018 laid down that the broad has parameters for governance of the national capital, thereby witnessing a power struggle between the Delhi government and the Centre since 2014 when the Aam Aadmi Party came to power.
In the landmark verdict, it had the sitting law officers unanimously put forth that Delhi cannot be accorded the status of a state but “having shortened” the powers of the Lieutenant Governor, pointing out that it has no “independent power to make decisions” and has to act on the aid and advice of the government being elected.
The Delhi Government had filed a writ petition last year before the Hon’ble Supreme Court challenging the recently passed GNCTD(Amendment) Act 2021, which hands enhanced powers to the Lieutenant-General over the elected government.
Edited By- Subbuthai Padma
Published By- Satheesh Kumar
