Delhi Govt vs Center: Supreme Court rules in favour of Kejriwal, Govt has control over services other, says SC

The Supreme Court’s five-judge Constitution bench has issued a unanimous verdict regarding the dispute between the Delhi government and the Centre over service control in the national capital. As per the ruling, the elected government in Delhi must have authority over bureaucrats in administering services, except for areas beyond the NCT’s legislative powers.

The Chief Justice of India, DY Chandrachud, led a panel of five judges that stated that the Lieutenant Governor is obligated to follow the counsel and guidance of the NCT government, with the exception of issues related to land, public order, and police.

According to the Supreme Court, the fundamental principles of democracy and federalism are integral components of the basic structure of governance. Federalism plays a crucial role in preserving a range of interests and accommodating diverse needs, thereby ensuring the survival of a pluralistic society.

The supreme court observed that the Delhi government possesses the authority to legislate on “services,” with the exception of public order, police, and land.

The court observed that if the responsibility for “services” is removed from the purview of the legislative and executive branches, then the ministers would no longer have control over the civil servants who are responsible for carrying out the decisions made by the executive.

The court observed that if the responsibility for “services” is removed from the purview of the legislative and executive branches, then the ministers would no longer have control over the civil servants who are responsible for carrying out the decisions made by the executive.

On January 18, a bench consisting of Chief Justice D Y Chandrachud, along with Justices M R Shah, Krishna Murari, Hima Kohli, and PS Narasimha, heard arguments from Solicitor General Tushar Mehta and senior advocate AM Singhvi representing the Centre and Delhi government, respectively, for almost four and a half days. The bench reserved its order.

The supreme court stated its disagreement with Justice Ashok Bhushan’s opinion that the Delhi government lacks any authority over the services. In 2019, a two-judge panel consisting of Justices A K Sikri and Ashok Bhushan delivered a split decision on this matter. While Justice Bhushan ruled that the Delhi government had no power whatsoever over administrative services, Justice Sikri made a differentiation.

The ongoing dispute over the control of services in the national capital between the Aam Aadmi Party (AAP) led government and Lieutenant Governor (LG) Vinai Kumar Saxena is being addressed by the Supreme Court. The court has been given the responsibility to resolve the conflict and determine the extent of the Centre and Delhi’s elected governments’ jurisdiction.

A Constitution bench was established to address the legal matter of determining the extent of legislative and executive authority held by the Central government and the government of the National Capital Territory with regards to managing services in Delhi.

Last year, in May 2021, a three-judge panel was asked by the Central government to refer the matter of service control in Delhi to a Constitution bench consisting of five judges, which they did on May 6 of that year.

The Delhi government has filed a plea in response to a divided verdict on February 14, 2019. The verdict was given by a bench consisting of two judges, namely A K Sikri and Ashok Bhushan, who are now retired. They suggested that the Chief Justice of India (CJI) should form a three-judge bench to resolve the matter concerning the administration of services in the national capital.

In a previous ruling, Justice Bhushan declared that the Delhi government lacked any authority concerning administrative services. On the other hand, Justice Sikri made a distinction and stated that only the Centre has the power to transfer or appoint officers in senior positions of the bureaucracy (joint director and above), and in case of a disagreement on matters related to other bureaucrats, the view of the lieutenant governor would be given preference.

In 2018, a Constitution bench comprising of five judges reached a unanimous decision that the Delhi LG was obligated to act in accordance with the aid and advice of the elected government, and that both parties were required to cooperate with each other in a collaborative manner.

Ever since AAP came to power in Delhi in 2014, there has been an ongoing power struggle between the Central government and the Delhi administration, characterized by assertive moves from both parties.