The Supreme Court on Thursday said that the elected government needed to have control over the administration in the Government of NCT of Delhi vs Union of India case that debates around the legislative and executive powers of the Centre and the National Capital Territory (NCT) government over control of services in Delhi.
In a unanimous verdict, the top court ruled that the Delhi government has legislative and executive powers over services.
A Constitution Bench headed by CJI DY Chandrachud says the Constitution Bench is unable to agree with Justice Ashok Bushan in the 2019 split judgement. Further, Chandrachud said that the LG's administrative powers are limited to powers entrusted by the President, not administration over the entire NCT of Delhi.
The five-judge bench, also comprising Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha, had reserved its order on January 18 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.
A division bench on April 14, 2019, gave a split verdict on the various aspects of the services following the differing views of Justices AK Sikri and Ashok Bhushan on the issue of 'services' under Schedule VII, List II, Entry 41 of the Constitution of India.
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.
