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By Kanu Sarda: The Supreme Court on Thursday ruled in favour of the Delhi government on the issue of who would control the officers in the national capital. A five-judge Constitution bench headed by Chief Justice DY Chandrachud held that the Delhi government would have all rights related to services and administration except in areas outside its legislative powers.
However, the authority of police, public order and land will remain with the Centre. Let us understand what will be the effect of the Supreme Court’s decision and what options does the Centre have now?
THE DELHI GOVT VS VS L-G CASE
The Government of National Capital Territory of Delhi (GNCTD) Act, 1991, is in force to provide a framework for the functioning of the Legislative Assembly and the government in Delhi. In 2021, the central government had amended it.
Under the amendment, some changes were made regarding the functioning of the government in Delhi. In this, some additional powers were given to the Lieutenant Governor (L-G). According to the amendment, it was made mandatory for the elected government to take the opinion of L-G for any decision.
KEJRIWAL GOVT’S COURT APPEAL
The amendment made in the GNCTD Act said, “Government in any law made by the legislature of the state shall mean the Lieutenant Governor”.
Originally, the Arvind Kejriwal government had objected to this sentence. This was challenged by the Aam Aadmi Party in the Supreme Court.
The Kejriwal government had demanded from the Supreme Court that the elected government of Delhi should have supremacy in all matters except land and police in the capital.
The Kejriwal government had said that the state government should get complete control over the IAS officers to run the administration of Delhi.
ORDER GIVEN BY THE SUPREME COURT
The Supreme Court, while giving a unanimous verdict, said, the “L-G cannot have comprehensive administrative powers on all issues related to Delhi.” The L-G’s powers do not give him the right to interfere with the legislative powers of the Delhi Assembly and the elected government, it said.
“The right of posting and transfer of officers will be with the Delhi government. The elected government should have the right to administrative service. The Lieutenant Governor will have to accept the advice of the government. The authority of police, public order and land will remain with the Centre,” said Supreme Court in its order.
EFFECT OF THE SUPREME COURT’S DECISION
Except for police, public order and land, the Delhi government will now have the same powers as the government of other states.
The Delhi government will be able to decide on the posting and transfer of officers on its own. The Delhi government will not need to take the L-G’s approval for every decision it makes. Like other states, the Lieutenant Governor will have to follow the advice of the government.
Now the elected government will be able to make laws on the issues on which there is no central law.
WHAT’S NEXT FOR THE CENTRE?
The Supreme Court verdict is being seen as a major setback for the central government. However, the central government can file a review petition against the decision of the Supreme Court. Also, it can appeal for the matter to be sent to a larger bench.
If the Supreme Court gives a verdict in favour of the Delhi government even on the review petition, then the Centre can file a curative petition. Apart from this, the Centre has the option of changing the effect of the ruling by bringing a law in the Parliament. However, this law can again be challenged in the Supreme Court.
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