Big Win For Kejriwal as SC Says Delhi Govt Has Control Over Services Excluding Land, Police & Law

A five-judge Constitution bench of the Supreme Court, in a unanimous verdict on the row between the Centre and the Delhi government over control of services in the national capital, said the elected government in the national capital must have control over bureaucrats in the administration of services except in areas outside the legislative powers of NCT.

A five-judge bench headed by Chief Justice of India DY Chandrachud said the L-G is bound by the aid and advice of the NCT government except the matters relating to land, public order & police.

The Apex Court said the principle of democracy and federalism form a part of the basic structure and federalism ensures the survival of diverse interests and accommodates diverse needs.

The top court also noted that the Delhi government has legislative power over “services” excluding public order, police and land.

The bench noted that if “services” are excluded from the legislative and executive domain, the ministers would be excluded from controlling the civil servants who are to implement the executive decisions.

The bench said the Legislative Assembly of Delhi embodies the principle of representative democracy. It added that they are elected members and Article 239AA must be interpreted in a manner to further the interest of representative democracy.

A bench headed by Chief Justice D Y Chandrachud, also comprising Justices M R Shah, Krishna Murari, Hima Kohli and PS Narasimha, had reserved its order on January 18 after hearing the submissions of Solicitor General Tushar Mehta and senior advocate AM Singhvi for the Centre and the Delhi government respectively for almost four-and-a-half days.

The top court said that it does not agree with Justice Ashok Bhushan’s view that the Delhi government has no power at all over the services.

A two-judge bench of Justices A K Sikri and Ashok Bhushan gave a split verdict on the issue in 2019. While Justice Bhushan had ruled that the Delhi government had no power at all over administrative services, Justice Sikri had made a distinction.

Delhi LG Vs AAP Govt Row

The Supreme Court is tasked with resolving the ongoing tussle between the Aam Aadmi Party (AAP) led government and the Lieutenant Governor (LG) Vinai Kumar Saxena, pertaining to the extent of Centre and Delhi’s elected governments’ jurisdiction over control of services in the national capital.

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.

Following a request from the Central government, a three-judge bench in May 2021 referred the issue of control of services in Delhi to a five-judge Constitution bench on May 6 last year.

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 A K 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.

In a 2018 judgment, a five-judge Constitution bench had unanimously held that the Delhi LG was bound by the aid and advice of the elected government, and both needed to work harmoniously with each other.

Since AAP assumed power in Delhi in 2014, there has been a constant power struggle between the Centre and the Delhi government with assertive actions from both sides.

(With Inputs from agencies)