In Battle With Centre, Delhi Govt Gets Control Over Services; AAP Hails SC Verdict

The five-judge constitution bench headed by CJI DY Chandrachud refused to agree with the 2019 judgment of Justice Ashok Bhushan that the Delhi government has no power over the issue of services.

New Delhi: In a major win for the Arvind Kejriwal-led government, the Supreme Court on Thursday ruled that the Delhi government has legislative and executive powers over services except for public order, police and land. The five-judge constitution bench headed by Chief Justice of India DY Chandrachud delivered a unanimous verdict and said that the elected government needs to have control over the administration.

"Further expansion of the Union's power will be contrary to the Constitutional scheme... Delhi is similar to other states and has a representative form of government," the bench, which also comprised Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha, said in its verdict over the contentious issue of administrative control over services between the Centre and the Delhi government.

The bench refused to agree with the 2019 judgment of Justice Ashok Bhushan that the city government has no power over the issue of services.

The primacy of the Centre in administrative issues would abrogate the federal system and the principle of representative democracy it said, adding if 'services' are excluded from the legislative and executive domain, then ministers would be excluded from controlling civil servants.

Democracy and federalism are part of the basic structure of the Constitution, CJI Chandrachud said while reading out the judgment in a packed courtroom.

The order also said if officers stop reporting to ministers then the principle of collective responsibility is affected and added that in a democratic form of governance, the real power of administration must rest on the elected arm of government.

The bench said the Union government's power in matters where both the Centre and States can legislate is limited to ensure that the governance is not taken over by the Central government.

'Landmark decision': AAP hails SC order on Centre-Delhi govt services row

The Arvind Kejriwal-led Aam Aadmi Party (AAP) hailed the Supreme Court's verdict on the Centre-Delhi government services row and called it a 'big victory'.

Welcoming the verdict, the AAP said in a tweet in Hindi, "The elected government will have the power of transfer-posting of officers. Officers will work only through the elected government."

The Lt Governor will have no power over the officers to stop the work of the people of Delhi, the party said.

AAP Rajya Sabha Raghav Chadha called the verdict a 'landmark decision' and said it sends a stern message.

"Satyamev Jayate. Delhi wins. Hon'ble Supreme Court's landmark judgment sends a stern message that officers working with the government of Delhi are meant to serve (the) people of Delhi through the elected government and not unelected usurpers parachuted by Centre to stall governance, namely LG," Chadha said.

Delhi Govt-Centre power row 

It is notable that 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 after the Union home ministry issued a notification in 2015, stating that it has control over services in Delhi. The notification was then challenged by the Arvind Kejriwal government in the Delhi High Court. 

The SC bench 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.

On May 6 last year, the top court referred the issue of control of services in Delhi to a five-judge Constitution bench.

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.